The paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour... Show moreThe paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour Organization (‘ILO’). After exploring monitoring initiatives with roots in public international organizations, we will argue that from an international law perspective on international legal personality such activities can be justified. Under the qualification of ‘subject normation’, as we dub these activities, we will argue that the ILO is the best situated locus to embed a system to inspect commitments MNEs voluntary adhere to in their CSR strategies, including Global Framework Agreements. Finally, we explain how the TLI as we envisage it could fit within the existing system of enforcement and compliance monitoring of the ILO. Show less
García-Muñoz Alhambra, M.A.; Haar, B.P. ter; Kun, A. 2014
SUMMARY: 1. Introduction. – 2. Public Monitoring vs Private Monitoring. – 3. Initiatives for Monitoring Systems by International Organizations. – 3.1. Initiatives by Public Organizations. – 3.1.1.... Show moreSUMMARY: 1. Introduction. – 2. Public Monitoring vs Private Monitoring. – 3. Initiatives for Monitoring Systems by International Organizations. – 3.1. Initiatives by Public Organizations. – 3.1.1. ILO: Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. – 3.1.2. OECD: Guidelines for Multinational Enterprises. – 3.1.3. UN: Global Compact and The Ruggie Framework. – 3.2. ILO Convention 81 Labour Inspection. – 4. Monitoring Systems as Found in Private Initiatives Applied in Practice. – 4.1. CSR Codes of Conduct. – 4.2. International Framework Agreements. – 4.3 Monitoring Initiatives by NGOs. – 4.4. Concluding Remarks on Transnational Private Monitoring Systems. – 5. Discussion of Previous Proposals by Other Scholars. – 6. Transnational Labour Inspection: Our Proposal and Idea. – 7. Conclusions. – 8. References. Show less
