The phenomenon of globalisation has triggered various trends and changes world-wide, affecting almost every part of life. One of the most heavily influenced realms has been labour and its legal framework. Globalisation has transformed the nature of work as well as the organisation and way in which work is performed nowadays. Due to the technical progress, Multinational Corporations have been equipped with an immense ability to relocate their business wherever and whenever they want to any part of the world, powerful enough to dictate their demands to national governments. National governments have, simultaneously, been weakened and especially developing countries are competing with each other in order to attract MNCs, often by adopting and maintaining low labour standards with the result of a feared “race to the bottom”. Additionally, the International Labour Organisation, historically the main standard-setting institution, has experienced enormous problems in the implementation process and has therefore undergone a paradigm shift. Moreover, other actors have entered the arena of “standard-setting” such as NGOs etc. This essay tries to analyse the challenges of globalisation posed to international labour standards, especially experienced by the ILO. It then continues by examining the various private measures, which have been used so far, covering both public and private measures, and reaching from e.g. codes of conducts to international framework agreements. It is argued that public and private implementation have become increasingly interdependent, and that developing and fostering this interdependency will be crucial for the prospective success and effectiveness of international labour standards in an ongoing globalising world.
Contents:
I. Introduction:
II. Labour law in the context of globalisation
1. The progressive internationalisation of the economy
2. Challenges posed to labour standards by globalisation
III. The meaning and function of International Labour Standards
IV. The ILO and the effectiveness of International Labour Standards
V. Paradigm shift: From sanctions to cooperation
1. Declaration on Fundamental Principles and Rights at Work 1998
2. Revision of standards
3. The “Decent work” agenda and the ILO Declaration on Social Justice for a Fair Globalization 2008
VI. The role of international economic law
VII. The growing importance of private actors in promoting International Labour _ Standards
1. The shift from public to private regulation
2. The OECD Guidelines, the ILO Tripartite Declaration and the Global Compact
a. The OECD Guidelines
b. The ILO Tripartite Declaration concerning Multinational Enterprises and Social Policy
c. The UN Global Compact
3. Corporate Social Responsibility and Corporate Codes of Conduct in the private sector
4. Trade union and NGO related forms of action
VIII. Conclusion:
References:
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