The role of international labour standards in a global economy

Thèse de Master , 2011 , 31 Pages

Droit - Droit civil / Droit commercial, Droit des sociétés, Droit des cartels, Droit des affaires

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.

Inhaltsverzeichnis

• Introduction:
• Labour law in the context of globalisation
  • The progressive internationalisation of the economy
  • Challenges posed to labour standards by globalisation
• The meaning and function of International Labour Standards.
• The ILO and the effectiveness of International Labour Standards.
• Paradigm shift: From sanctions to cooperation.
  • Declaration on Fundamental Principles and Rights at Work 1998
  • Revision of standards
  • The "Decent work” agenda and the ILO Declaration on Social Justice for a Fair Globalization 2008
• The role of international economic law
• The growing importance of private actors in promoting International Labour Standards
  • The shift from public to private regulation
  • The OECD Guidelines, the ILO Tripartite Declaration and the Global Compact
    • The OECD Guidelines
    • The ILO Tripartite Declaration concerning Multinational Enterprises and Social Policy
    • The UN Global Compact
  • Corporate Social Responsibility and Corporate Codes of Conduct in the private sector
  • Trade union and NGO related forms of action.
• Conclusion:
• References:

Zielsetzung und Themenschwerpunkte

This research essay examines the role of international labour standards (ILS) in a global economy. It analyzes the challenges posed to ILS by globalization, particularly the impact on the International Labour Organisation (ILO) and its standard-setting function. The essay explores the shift from public to private regulation and the growing importance of private actors in promoting ILS. It argues that the effectiveness of ILS in a globalizing world depends on the interdependency between public and private actors.

• The impact of globalization on labour standards
• The role of the ILO in setting and enforcing international labour standards
• The shift from public to private regulation in the context of ILS
• The importance of private actors in promoting ILS
• The interdependency between public and private actors in the effectiveness of ILS

Zusammenfassung der Kapitel

The introduction sets the context for the essay by discussing the transformative effects of globalization on the nature of work and its legal framework. It highlights the increasing power of multinational corporations (MNCs) and the challenges they pose to traditional labour standards. The essay then outlines its structure and key arguments.

Chapter II provides a brief overview of globalization and its impact on labour standards. It discusses the progressive internationalization of the economy, the rise of MNCs, and the challenges posed to national labour legislation. This chapter lays the groundwork for understanding the complexities of regulating labour in a globalized world.

Chapter III delves into the meaning and function of international labour standards (ILS). It explores the historical development of ILS and their role in promoting decent work conditions and protecting workers' rights. This chapter provides a theoretical framework for analyzing the effectiveness of ILS in the context of globalization.

Chapter IV examines the role of the International Labour Organisation (ILO) in setting and enforcing international labour standards. It discusses the ILO's history, its standard-setting mechanisms, and the challenges it faces in ensuring the effectiveness of its standards. This chapter provides a critical assessment of the ILO's role in the global labour landscape.

Chapter V describes the significant paradigm shift in the history of the ILO. It discusses the Declaration on Fundamental Principles and Rights at Work 1998, the revision of standards, and the "Decent work” agenda. This chapter highlights the ILO's efforts to adapt to the changing realities of globalization and to promote a more cooperative approach to labour regulation.

Chapter VI provides a brief overview of the role of international economic law in the context of ILS. It discusses the relationship between trade agreements and labour standards, and the challenges of balancing economic liberalization with the protection of workers' rights.

Chapter VII examines the growing importance of private actors in promoting international labour standards. It discusses the shift from public to private regulation, the role of corporate social responsibility (CSR), and the emergence of private initiatives such as codes of conduct and framework agreements. This chapter explores the evolving landscape of labour regulation and the increasing influence of private actors.

Schlüsselwörter

The keywords and focus themes of the text include international labour standards, globalization, multinational corporations, the International Labour Organisation (ILO), private regulation, corporate social responsibility, and decent work. The essay explores the challenges posed to international labour standards by globalization and the evolving role of the ILO in a globalized world. It examines the growing importance of private actors in promoting labour standards and the interdependency between public and private actors in ensuring the effectiveness of ILS.

• Université: King`s College London (School of Law)
• Cours: International Labour Law
• Auteur: Mike Bogensee (Auteur)
• Année de publication: 2011
• Pages: 31
• N° de catalogue: V181048
• ISBN (ebook): 9783656041122
• ISBN (Livre): 9783656041382
• Langue: anglais
• mots-clé: Globalisation, International Labour Standards, International Labour Law, International Labour Organisation