The ILO and Transformation of Labour Law

The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.

An Accidental Revolution: The ILO and the Opening Up of International Law

This article discusses the pioneering role of the ILO not in terms of its contribution to labour law, but in terms of its epistemic relevance: it was the first international organization which cut through the classic borderline between national law and international law. In order to do so, the article sketches pre-ILO legal doctrine, and discusses the creation and particular structure of the ILO at some length: why even create an organization to address labour issues, instead of concluding a convention? This is followed by outlining just how relevant the role of the ILO has been.

What Happened to International Labour Standards and Human Rights at Work?

The social rules of a universal market economy, created by globalization, are based on the standards adopted by the ILO since 1919. Among them a special role belongs to fundamental principles and rights at work, comprised in an ILO Declaration in 1998. They provide for freedom of association, collective bargaining and the elimination of child and forced labour and discrimination. There is a growing debate on how other standards should be linked to fundamental rights and not seen as less important instruments. Technical cooperation has demonstrated that, in any case, implementing fundamental rights leads to strengthening of law and practice on wages, social security and occupational safety and health. All international labour standards (Conventions, Recommendations and Protocols) are derived from the labour principles of the ILO Constitution, and they are closely connected with one another. While the role of the state remains crucial—especially in times of crisis—much of the implementation of labour standards should be achieved through collective bargaining and other negotiations, while voluntary agreements between the social partners are generally legally binding.

Harnessing Globalization: An Everlasting Challenge

In this chapter, President Tarja Halonen reflects on her experience serving as co-chair of the ILO World Commission on the Social Dimension of Globalization from 2002 to 2004. The World Commission’s work in achieving fair and inclusive globalization, and promoting decent work are discussed in detail. Major challenges to and prospects of the ILO as an international organization are reflected even more broadly, to build a view of the future of labour.

How to Improve Monitoring and Enforcement of International Labour Standards?

This paper presents the existing system of monitoring international labour standards within the ILO, and then discusses how this system could be improved. The author suggests increased and improved cooperation between the relevant international organizations and an intensification of the dialogue between courts and other supervisory bodies, insofar as they are responsible for ensuring compliance with international standards. In addition, the question of whether and in what way the European Union could make a further contribution in this respect is examined. Finally, the role of the private sector is examined in more detail.

Postscript

The Covid-19 epidemic has unveiled inequalities and instabilities in national and global economic and social systems of many countries, even rich and powerful ones such as the United States. The major economic and social crises that have followed signal that it is now time to reflect on their causes, namely poorly managed globalization and lack of global cooperation before the pandemic. Looking to the ILO as a model, the article calls for an imperative to construct a post-pandemic world marked by more global cooperation, with better social governance.

Proliferation of Transnational Labour Standards: The Role of the ILO

The article examines the institutional history of the ILO in the aftermath of the Cold War, and in particular how the ILO has transformed itself into a global actor in terms of labour governance through coining the normative concept of fundamental labour rights in the 1990s, as well as the ongoing struggle in which the ILO has engaged to promote greater coherence of labour standards in the post-national era. The proliferation of transnational labour standards and decentralized standard-setting is a recognizable trend in international labour protection today. International regulation of labour has become a crowded field, as labour standards are increasingly set and enforced outside the ILO framework. The mushrooming of transnational labour standards also leads to fragmentation, conflicts and competition between norms, values and visions. In the face of proliferating labour standards, the ILO has to endeavour to reinstate itself as the central institution for innovative economic and social theories as well as for labour standards. The ILO needs to exercise its leadership not just in defending normative coherence but also in advancing a humanitarian vision of the economy and society.