Promoting international labour standards: The ILO and national labour regulations

Preparatory Period ◽

Labour Standards ◽

The Impact ◽

Intergovernmental Organisations

How and when do intergovernmental organisations (IGOs) promote incorporation of international norms in domestic politics? In this article, I assess the impact of the International Labour Organization (ILO) on national labour regulations. I advance a new argument regarding how and when labour regulations are shaped by the ILO. More specifically, I argue that the ILO can shape labour regulations during the preparatory process of international labour standards. I theorize that the preparatory period of international labour conventions constitutes a propitious condition for mechanisms of elite socialisation, learning and domestic mobilisation. To test our argument, we focus on national dismissal regulations covering the period 1970-2013. The findings provide evidence in line with my argument that states improve their regulations during the adoption process. However, I find no evidence that states improve their regulations after formal adoption. The results have substantive implications for our understanding of IGOs and labor standards in particular.

Governance Challenges and Opportunities for the International Labour Organization in the Wake of the COVID-19 Pandemic

International Organizations Law Review ◽

10.1163/15723747-18030004 ◽

2021 ◽

Vol 18 (3) ◽

pp. 370-396

Author(s):

Anne Trebilcock

Keyword(s):

International Organizations ◽

Social Protection ◽

Economic Recovery ◽

Challenges And Opportunities ◽

Governance Challenges ◽

Labour Standards ◽

Internal Operations ◽

Abstract The International Labour Organization has confronted several governance challenges in the wake of the COVID-19 pandemic. This article looks at the impact of the pandemic on both the internal operations of this unique tripartite UN Specialized Agency and on the ILO’s substantive work on labour market and social protection governance. It explores how international labour standards and their monitoring offer human rights pointers for addressing the crisis. The article highlights interaction (not always coherent) between the ILO and other organizations in connection with COVID-19 and economic recovery. It foreshadows initiatives on how to ‘build back better,’ with the ILO again seeking a strengthened multilateral role in support of its social justice mandate, as informed by resolutions adopted by the International Labour Conference. The article also touches on the pandemic’s impact on the functioning of the ILO Administrative Tribunal, which adjudicates employment disputes for many international organizations.

Law and the Culture of Capital: A Critical Perspective on Labour’s Right to Associate in Developing Societies

Journal of Developing Societies ◽

10.1177/0169796x0201800101 ◽

2002 ◽

Vol 18 (1) ◽

pp. 1-22 ◽

Cited By ~ 1

Author(s):

L. A. Visano ◽

Nicholas Adete Bastine

Keyword(s):

Socioeconomic Development ◽

Law And Economics ◽

Complex Form ◽

Labour Relations ◽

Legal Narratives ◽

Labour Standards ◽

International Obligations ◽

Developing Societies ◽

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.

The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2013/v16i4a2416 ◽

2017 ◽

Vol 16 (4) ◽

pp. 284

Author(s):

Johan Kruger ◽

Clarence Itumeleng Tshoose

Keyword(s):

Collective Bargaining ◽

South African ◽

Trade Union ◽

Trade Unions ◽

Freedom Of Association ◽

Labour Relations ◽

Labour Standards ◽

The Right ◽

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level. It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

Missions et Organisation Internationale du Travail (OIT) : quelles collaborations pour le développement ?

Social Sciences and Missions ◽

10.1163/18748945-02903003 ◽

2016 ◽

Vol 29 (3-4) ◽

pp. 310-342

Author(s):

Aurélien Zaragori

Keyword(s):

Technical Assistance ◽

Development Programs ◽

Christian Missions ◽

Assistance Programs ◽

Labour Standards ◽

Set Up

This article considers the links between development programs and policies set up by the International Labour Organization (ILO) and the actions and positions of Christian missions. It aims at understanding how and why the ILO and missions got in touch in the mid-1920s. Then it examines how these relations strengthened up to the beginning of the 1970s, at first for the elaboration of international labour standards, and later as part of technical assistance programs.

Internationalisation of Labour Law: The Lesotho Experience

Southern African Public Law ◽

10.25159/2522-6800/6953 ◽

2020 ◽

Vol 35 (1) ◽

Author(s):

Kananelo Mosito

Keyword(s):

Collective Bargaining ◽

Trade Union ◽

Labour Law ◽

Labour Standards ◽

The Right

This article considers Lesotho’s labour laws in the light of the country’s obligations under international labour standards. It assesses the extent to which the international labour standards have had an impact on the development of labour law in Lesotho. It argues that Lesotho’s various Acts perpetuate the country’s non-compliance with International Labour Organization standards as significant aspects of the Acts still undermine workers’ rights. It contends that Lesotho still has a long way to go towards fulfilling the expectations of the International Labour Organization. After noting the various labour-law concepts in the international labour standards which have had an impact on Lesotho law and reviewing the sources of Lesotho’s obligations to respect the various workers’ rights, the article focuses on the workers’ rights to join trade union organisations, the promotion of free and voluntary collective bargaining and the right to strike. The article concludes that reforms are needed to internationalise Lesotho’s labour law further, in line with International Labour Organization requirements, so that workers’ rights are protected.

How do international norms matter? The impact of the Convention on the Elimination of all Forms of Discrimination Against Women in Italy

Italian Political Science Review/Rivista Italiana di Scienza Politica ◽

10.1017/ipo.2017.28 ◽

2018 ◽

Vol 48 (2) ◽

pp. 221-241

Author(s):

Alessia Donà

Keyword(s):

International Relations ◽

Domestic Politics ◽

Case Law ◽

International Norms ◽

Central Question ◽

International Treaty ◽

Domestic Legislation ◽

Italian Politics ◽

The role of the international norms in domestic politics is a central question in international relations. This article examines the major international treaty on the human rights of women, the Convention on the Elimination of all Forms of Discrimination Against Women, and its impact on Italian politics, specifically on domestic legislation, case law and civil society activism, and institutional structure. The research contributes to the general debate on international norms diffusion and implementation, and identifies the factors which enable states to comply with these norms.

ILO is One Hundred Years

Journal of Law and Administration ◽

10.24833/2073-8420-2018-3-48-80-89 ◽

2019 ◽

pp. 80-89

Author(s):

V. N. Shitov

Keyword(s):

Trade Unions ◽

Technical Assistance ◽

Comparative Method ◽

Theoretical Background ◽

Labour Standards ◽

The Usa ◽

Historical Methods ◽

Second World

Introduction. The article analyzes ILO’s history, specifc features of its structural organization, main activities of ILO, which is one hundred years in 2019, as well as USSR and Russia’s participation in the work of ILO.Materials and methods. The methodological basis of the research includes general scientifc and special methods of analysis i.e. historical methods, formal methods, comparative method. The theoretical background of the research consists of works of specialists in international labour law, ILO-s Charter, other offcial documents of International Labour Organization.Results. International Labour Organization has proved to be one of the most respected UN special institutions. Its mandate is to promote right to work, employment, to expand social security of workers, to strengthen social dialogue. ILO is a unique international institution as it alone is based on “tripartism” principle and in all ILO bodies governments of member states are represented along with trade-unions and employers. Main activities of ILO are elaboration of conventions and recommendations on social and labour issues, technical assistance, research as well as collection and analysis of labour statistics. The most important activity of ILO – elaboration of international labour standards. During one hundred years of its existence ILO elaborated 189 conventions on social and labour issues. The author’s analysis proves that high income countries have the biggest numbers of ratifcations of ILO conventions. But there are exeptions i.e. the USA and some Islamic states. Author analyses the USSR’s participation in the work of ILO as well as diffculties that it encountered in this institution. On the contrary modern Russia has no problems with ILO as its laws correspond to the ratifed ILO conventions. Its total number is 76 which is more than in any other post-soviet country.Conclusion. It is proved that ILO encountered many challenges during the long period of its existence. These challenges were posed in particular by Create Depression and by the Second World War. But the Organization has always withstood challenges. Modern challenges to ILO are created by globalization as well as by transnationalization in the world economy.

TOWARDS THE ISSUE ON THE DENUNCIATION OF THE CONVENTIONS OF THE INTERNATIONAL LABOUR ORGANIZATION

Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies ◽

10.17721/1728-2195/2021/2.117-3 ◽

2021 ◽

pp. 15-18

Author(s):

S. Venediktov

Keyword(s):

Practical Importance ◽

Legal Regulation ◽

Working Environment ◽

Equal Rights ◽

The World ◽

Labour Standards ◽

Labour Legislation ◽

Almost All

The article analyzes the legal regulation for the denunciation of the conventions of the International Labour Organization. Both automatic and "pure" denunciations of conventions are examined. Ratified ILO conventions have traditionally been one of the key sources of national labour law. However, over time, some of them have lost their relevance and practical importance. The most common way to waive obligations under ratified conventions is to denounce them. Denunciation is provided for in every ILO convention, with the exception of Conventions Nos. 80 and 116, which contain rules relating to the partial revision of previous conventions. In addition, a mechanism for partial denunciation is provided for certain conventions. Such a mechanism is expressed in the possibility of denunciation of: a) certain sections of the Convention, e.g. Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128); b) certain categories covered by the scope of the convention, e.g. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). It is determined that most denunciations of ILO conventions occur automatically, due to the country's ratification of more recent conventions. In Ukraine, all denunciation of ILO conventions took place automatically. The "pure" denunciations are more relevant to outdated conventions or conventions that no longer correspond to existing fundamental principles in the world of work. An example is Night Work (Women) Convention (Revised), 1948 (No. 89), which was denounced by Austria, Greece, Italy, Ireland, France, the Czech Republic, etc. The provisions of this Convention are no longer in line with the ILO's existing policy of equal rights and opportunities for men and women in world of work. The practice of denouncing up-to-date ILO conventions should not be called widespread, primarily due to the need for mandatory prior tripartite consultations on this issue, which involves comprehensive consideration of the interests of government, employees and employers. Ratification by the country of the ILO conventions puts national labour legislation in a fairly clear framework, which in some cases may serve as a reason for slowing down specific areas of its further development. After all, certain conventions were adopted at a time when completely different regulatory approaches in the world of work were applied than those that exist today. Resolving this issue is possible through the timely and balanced application of the denunciation procedure. This procedure, provided for in almost all ILO conventions, should be considered as a clear example of the harmonious evolution of international labour standards. Keywords: International Labour Organization, conventions, automatic denunciation, "pure" denunciation, ratification, national legislation.

Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese State

World Politics ◽

10.1017/s0043887100009138 ◽

1999 ◽

Vol 51 (3) ◽

pp. 413-445 ◽

Cited By ~ 115

Author(s):

Amy Gurowitz

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Domestic Politics ◽

International Norms ◽

International Standards ◽

International Human Rights ◽

Wide Range ◽

International Human ◽

Human Rights Standards ◽

In recent years immigrant rights have increasingly been examined in an international context. An important theme in these discussions has been the question of whether, and if so how, states are constrained in developing immigrant and immigration policies. Some scholars argue that states are constrained by international human rights standards, while others, skeptical of this position, focus on a wide range of arguments at the domestic level of analysis. The skeptics are right that those asserting the impact of international human rights standards on immigrant policy have not demonstrated their importance domestically. International norms and standards do not diffuse automatically or consistently across states, and there has been too little detailed process tracing to illustrate the mechanisms of norm diffusion and therefore to move beyond correlation. To do so requires attention to the domestic actors who mobilize international norms and to the specific domestic circumstances in which they operate. This article examines a hard case by studying the impact of international human rights standards on policies toward Koreans and more recent migrant workers in Japan. In this case international norms matter. But they do not matter in a mysterious or automatic way. Domestic actors use international norms in context-specific environments to back up and make arguments for which they have few domestic resources. This is not a story of international versus domestic politics, nor is it a story about a paralyzed state. State actors are actively involved in the process of integrating international standards domestically, and the author examines how those standards work their way into the political process.

The World of Work in the Context of the COVID-19 Pandemic: Analysis, Assessments and ILO Recommendations

The world of new economy ◽

10.26794/2220-6469-2021-15-1-28-39 ◽

2021 ◽

Vol 15 (1) ◽

pp. 28-39

Author(s):

G. L. Podvoisky

Keyword(s):

Working Time ◽

Labour Markets ◽

Director General ◽

The World ◽

Labour Standards ◽

Restrictive Measures ◽

National Governments ◽

Practical Recommendations

The crisis caused by the COVID-19 pandemic, unprecedented in scale, speed, and depth, has imbalanced and destabilized national labour markets. This article highlights the work of the International Labour Organization (ILO), which since the start of the pandemic has made a signifiant contribution to analysing the situation in the crisis and developing practical recommendations for the restoration of labour markets. The author of the article examines the key challenges facing national governments in this challenging and responsible period, including those identifid by ILO Director-General Guy Ryder. Particular attention is paid to the analysis of the consequences of introducing strict restrictive measures, primarily the closure of jobs. Data on lost working time in various regions and subregions of the world are provided. Based on international labour standards, ILO experts have formulated the main directions for combating the crisis caused by COVID-19, the implementation of which will contribute to faster recovery and stabilisation in national labour markets.