From Social Justice to Decent Work: Is the Shift in the ILO Significant For International Law?

2016 ◽  
Vol 30 (3) ◽  
pp. 199-223
Author(s):  
Latife Reda

This article discusses the means of protection for migrant workers entrenched in the notions of social justice of both international law and Islam, and how these tools may be implemented in the creation of a solid basic entitlement package for migrant workers in Arab states. The study also shows how international conventions and recommendations on labour and decent work are no different from the Islamic principles and how they constitute a moral obligation on part of the Arab countries to implement such measures.


2020 ◽  
Vol 16 (3) ◽  
pp. 304-320
Author(s):  
Ryszard Cholewinski

AbstractThis paper explores the role played by the International Labour Organization (ILO) in the consultations and stocktaking during 2017 and the negotiations during 2018 leading up to the adoption of the Global Compact for Safe, Orderly and Regular Migration (GCM). It examines selected parts of the text of the GCM, with particular reference to the ILO's mandate of securing social justice and decent work, as well as the protection of migrant workers and governance of labour migration. The final part of the paper looks ahead to the ILO's role in the implementation of the GCM, with specific reference to the Arab states region, where migration for employment is significant and the governance challenges, particularly in relation to the protection of low-wage and low-skilled workers, are especially acute.


Author(s):  
H. Eric Schockman ◽  
Vanessa Alexandra Hernández Soto ◽  
Aldo Boitano de Moras

Author(s):  
Ingo Venzke

Abstract Drawing on my inaugural lecture, I argue that the spectre of inequality haunts international law. The presence of the spectre first of all draws attention to what is rotten in the global economic order: how the law of the global economy has contributed to high levels of inequality while, at the same time, abdicating responsibility for it. Second, like all spectres, international law’s spectre of inequality is animated by a spirit, the spirit of social justice. It points to forsaken paths, lost memories and conjures up past possibilities that were not realized. Third, the spectre endures unless we give in and break with current repetitions. It directs those in search of progressive change towards productive contradictions within global order. Those contradictions are indeed carriers of hope. They offer reason to believe that the future is open. Engaging with the spectre of inequality in international law turns out to be much less daunting than failing to do so.


2018 ◽  
Vol 15 (1) ◽  
pp. 203-220 ◽  
Author(s):  
Paul van der Heijden

Throughout the 20th century, the International Labour Organization (‘ILO’) has played a significant and successful role in the international advancement of social justice. However, in the past 10–15 years the impact of the organization has decreased. Its legislative machinery seems to have come to a standstill. Hardly any influential modern legal instruments have been developed in these years. The ILO’s monitoring system via the Committee of Experts is in danger to be weakened, mainly due to questions from within the organization. The boat that passed by flying the corporate social responsibility (‘CSR’) flag, has been missed. A powerful and unanimous signal, for instance by adopting a Framework Convention on Decent Work, is necessary if the organization is to survive in the 21st century.


Author(s):  
Penny Weller

On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Australia. The reluctance to include economic, social and cultural rights in human rights legislation stems from the historical construction of an artificial distinction between civil and political rights, and economic social and cultural rights. This distinction was articulated and embedded in law with the translation of the UDHR into binding international law. It has been accepted and replicated in judicial consideration of the application on human rights legislation at the domestic level. The distinction between the two forms of rights underpins a general ambivalence about the capacity of human rights legislation to deliver social justice and echoes a critical tradition in legal philosophy that cautions against the reification of law. Coming into force early in the 21st century, the Convention of the Rights of Persons with Disabilities illustrates the effort of the international community to recognize and eschew the burden of the false dichotomy between civil and political and economic, social and cultural rights. Acknowledging the indivisible, interdependent and indissociable nature of human rights in Australia is a crucial step toward achieving human rights based social justice.


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