Comment on Brian Langille: "What is International Labor Law For?"

2009 ◽  
Vol 3 (1) ◽  
pp. 83-86
Author(s):  
Eyal Benvenisti
Keyword(s):  
Labor Law ◽  
Labor Rights ◽  
Member States ◽  
Main Challenge ◽  
International Labor ◽  
State Actors ◽  
Inter State

This comment on Brian Langille's article agrees with Langille's claim that inter-state competition should not be viewed as the main challenge to the global efforts to regulate labor rights. The comment suggests, however, that there is another type of competition that poses a challenge, namely a transnational competition which takes place among sub-state actors. Focusing on this "transnational conflict paradigm," the ILO has the tools to engage domestic constituencies in an effort to promote labor rights within the respective member states.

Globalization and Social Justice: The Right to Minimum Wage

2009 ◽  
Vol 3 (2) ◽  
pp. 267-300
Author(s):  
Hani Ofek-Ghendler
Keyword(s):  
Minimum Wage ◽  
Codes Of Conduct ◽  
Labor Law ◽  
Transnational Corporations ◽  
Fundamental Principle ◽  
Labor Rights ◽  
State Regulations ◽  
International Labor ◽  
The One ◽  
The Right

The weakening of mechanisms for international cooperation within the context of the right to minimum wage can be explained by the increasing power of new players, the transnational corporations on the one hand, and the waning of the power of the state, on the other hand. These processes of globalization produce various challenges to the modern welfare state, such as the ability to attain minimum wage. This right is vital particularly to weakened workers that would otherwise be remunerated at a very low wage, which could likely lead to poverty. This right poses, however, numerous challenges, in particular the ability of international labor law to define it across borders. The article describes three models for defining this right: the existential deficiency model, the welfare model, and the comfort model and analyzes the various forms regulating the right to minimum wage in international regulations, state regulations, and codes of conduct of transnational corporations examining the ramifications of globalization within the context of labor rights. Moreover, the article suggests changes to international labor law, required to ensure that it functions as an effective instrument in protecting labor rights and proposes establishing regional parliaments—a supra-governmental body—composed of states and a broad array of interested private parties in its activities to establish fundamental principles relating to various areas of life, such as the basic rights of workers, taxation principles, and principles for protecting the environment. These regional bodies would decide which of the various models used for shaping the right to minimum wage should be adopted as a fundamental principle.

scholarly journals PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION

2021 ◽  
Vol 77 (4) ◽  
pp. 85-92
Author(s):  
Liubov Kotova ◽  
◽  
Victoria Tiutiunnyk ◽  
Keyword(s):  
National Level ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Model ◽  
International Labor Organization ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
International Labor ◽  
The Eu

European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.

What is International Labor Law For?

2009 ◽  
Vol 3 (1) ◽  
pp. 48-82 ◽  
Author(s):  
Brian A. Langille
Keyword(s):  
Social Justice ◽  
Economic Efficiency ◽  
Labor Law ◽  
Labor Rights ◽  
Economic Success ◽  
Market Activity ◽  
Collective Goal ◽  
International Labor ◽  
Self Interest ◽  
Enforcement Mechanisms

This Paper suggests that the answer to the question “what is domestic labor law for?”—commonly regarded as securing “justice against markets” or a justified tax on market activity—has informed the search for the answer for the question “what is international labor law for.” This is reflected in what this Paper refers to as P2, which provides that “the failure of any country to adopt humane conditions of labor is an obstacle in the way of other nations which desire to improve the conditions in their own countries.” P2 envisions a “race to the bottom” by rational states trapped in a Prisoner’s Dilemma game. The author maintains that this cannot be the objective of ILO which cannot stop “the race” given its deficient enforcement mechanisms to ensure compliance. This Paper suggests an alternative raison d’etre for the ILO, which is called P1, namely social justice: “universal peace can only be established if it is based upon social justice.” P1 reflects what states actually seek to achieve. Following Sen, this Paper suggests that there is no tradeoff between social justice and economic efficiency. Therefore the promotion of labor rights by the ILO will contribute both to social justice and to economic success. Thus the ILO should promote international labor law so as to lead member states to pursue their self-interest which is consistent with the collective goal of humanity.

La negociación del TTIP como ejemplo de ingeniería jurídica al servicio de la degradación de los derechos laborales = The negotiation of TTIP as an example of legal engineering to degrade the labor rights

2018 ◽  
Vol 10 (1) ◽  
pp. 33
Author(s):  
Xosé Manuel Carril Vázquez
Keyword(s):  
United States Of America ◽  
Negative Impact ◽  
Labor Law ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Labor Rights ◽  
Labor Protection ◽  
International Labor Organization ◽  
International Labor ◽  
Import And Export

Resumen: A pesar de la opacidad de sus negociaciones, se estudian aquí los aspectos laborales del TTIP –y también del CETA–, en que se comprueba un entusiasmo economicista en la estrategia de la Unión Europea. Su impacto negativo sobre el Derecho del Trabajo es innegable, con remisiones a la Organización Internacional del Trabajo que no aseguran una protección real de los derechos de los trabajadores. Y además, su regulación de la movilidad temporal de personas físicas que suministran servicios supone también un claro riesgo de importación y exportación de mano de obra como mercancía barata.Palabras clave: Tratados de Libre Comercio. Unión Europea. Estados Unidos de Norteamérica. Derechos laborales. Ausencia de un verdadero sistema de protección laboral.Abstract: Despite the opacity of its negotiations, the labor aspects of the TTIP –and also of the CETA– are studied here, in which an economistic enthusiasm is found in the European Union’s strategy. Its negative impact on Labor Law is undeniable, with cross referrals to the International Labor Organization that do not ensure a real protection of workers’ rights. And in addition, its regulation of the temporary mobility of natural persons supplying services also involves a clear risk of import and export of labor force as cheap product.Keywords: Free Trade Agreements. European Union. United States of America. Labor rights. Lack of a real labor protection system.

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

The International Labor Organization in the Stag Hunt for Global Labor Rights

2009 ◽  
Vol 3 (2) ◽  
pp. 154-179 ◽  
Author(s):  
Alan Hyde
Keyword(s):  
Game Theory ◽  
Comparative Advantage ◽  
Labor Standards ◽  
Labor Rights ◽  
Labor Organization ◽  
International Labor Organization ◽  
Trading System ◽  
International Labor ◽  
Collective Action Problems ◽  
Theoretical Developments

The International Labor Organization (ILO) is not an effective force for raising labor standards in the developing world and could become considerably more effective by taking account of two of the most important and interrelated recent theoretical developments in understanding labor standards. First, countries derive no comparative advantage in the global trading system from most very low labor standards. The ILO should therefore concentrate its energies on lifting these, rather than (as it so often does) concentrating on labor standards that are a source of comparative advantage, the elimination of which is resisted strongly and effectively. Second, the tools of game theory may be used to identify the collective action problems that prevent countries from lifting their own labor standards, and create a role for a transnational agency that may assist them.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Introduction. Debates on Collective Bargaining in a Time of Economic Crisis: The Spanish Case in Context

2019 ◽  
Vol 9 (1) ◽  
pp. 1-6
Author(s):  
Julia López López
Keyword(s):  
Collective Bargaining ◽  
Economic Crisis ◽  
Basque Country ◽  
Labor Law ◽  
Social Goals ◽  
Labor Rights ◽  
Economic Policies ◽  
Social Agenda ◽  
The Social ◽  
Pais Vasco

Collective Labor Law as a mechanism of agency through workers representation has been challenged more than ever during recent last decades. The policies that have adjusted labor rights to new scenarios of economic policies have impacted collective bargaining structures and contents. The debates on centralization and de-centralization, workers participation, unions and workers strategies to countervail the erosion of labor rights have been part of the social agenda. Among the debates one very important one involves the study of the cases of the Basque Country and Catalonia. Their models of collective bargaining allow us to examine different strategies to achieve social goals through collective action with more successful results in the Basque case. El Derecho Colectivo del Trabajo como mecanismo de agency para las representaciones de los trabajadores ha tenido en las últimas décadas uno de los periodos más desafiantes en la consecución de sus objetivos sociales. Las políticas de ajuste a la crisis económica con nuevos escenarios políticos han impactado no solo en las estructuras de negociación colectiva sino además en los contenidos de los convenios. Debates en torno a centralización-descentralización, participación, estrategias para contrarrestar los efectos de erosión de los derechos sociales han sido parte de la agenda social. Entre los debates, el estudio que se refiere a los casos de País Vasco y Catalunya, en cuanto a las estructuras de negociación, es interesante a la hora de presentar las diferencias estratégicas y los mejores resultados en el caso vasco.

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