Fundamental labour standards and the shift from international to transnational labour law: countervailing power in the globalised world of work

Abstract

It has been more than 25 years since the International Labour Organisation adopted the 1998 Declaration on Fundamental Principles and Rights at Work (ILO 1998 Declaration). These standards address issues on freedom of association and collective bargaining, prohibition of child labour, forced labour and discrimination at the workplace, and since 2022 have included health and safety at work. However, recent statistics on violations of fundamental labour standards show that the protection and enforcement of these rights remain an incessant international problem.

Since its adoption, many existing and new legal frameworks have incorporated references to the ILO 1998 Declaration. Interestingly, many of these frameworks do not fit the traditional definition of international labour law. Instead, there has been a documented shift from international to transnational labour law, with the latter focusing on non-state actors as creators of transboundary labour law.

This research examines what lessons can be drawn from 25 years of transnational monitoring and enforcement of fundamental labour standards with a view to progress in making these standards a reality in the every day life of workers across the globe. Furthermore, it creates an overview of (i) the involved actors, (ii) the monitoring, compliance, and/or enforcement mechanisms, and (iii) the positive and negative characteristics of each legal framework.