An ad hoc Panel of Experts has determined for the first time that a free trade partner of the European Union violated sustainable development obligations under the new generation of free trade... Show moreAn ad hoc Panel of Experts has determined for the first time that a free trade partner of the European Union violated sustainable development obligations under the new generation of free trade agreements. The Republic of Korea was the EU’s first trading partner to ratify such an agreement.2 After a European Commission non-paper in 2018 promised “more assertive” use of the soft dispute mechanism for “trade and sustainable development” issues in free trade agreements, the EU filed formal proceedings against Korea.3The Panel’s report is a milestone decision that will likely serve as a precedent for future ad hoc panels. Show less
The COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down... Show moreThe COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down measures, which resulted in last-minute order cancellations , non-payment of the already purchased resources and already made products, and hence terminations of employment contracts. International organisations and non-governmental organisations have called upon MNEs to take their corporate social responsibility (CSR) and honour the contracts. The aim of this article is to analyse to what extend this moral appeal is also a (quasi-)legal appeal following from international norms on CSR. After an assessment of the main labour law problems caused by the COVID-19 pandemic, an analysis follows on each of the identified problems. The conclusion of the analysis is that MNEs indeed are not only morally obliged to take their responsibility, but also based on the (quasi-)legal international CSR norms. Show less
García-Muñoz Alhambra, A.; Haar, B.P. ter; Kun, A. 2020
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
Ever since its constitution the ILO has developed and maintained a system of labour standards in order to create decent work all over the world. With the globalisation of the economy multinationals... Show moreEver since its constitution the ILO has developed and maintained a system of labour standards in order to create decent work all over the world. With the globalisation of the economy multinationals have gained an important position in furthering these labour standards throughout their value chains. From a regulatory point of view this development has resulted in a panoply of law and law-like initiatives within the global space in order to implement the labour standards. Much is already known about these initiatives from an individual and isolated perspective. Yet, little is known about their interactions in the global space. Whereas the concept of global space acknowledges the coexistence of different regulatory forms serving different roles, the concept of hybrid structures acknowledges the fact that these regulations interact in several configurations. The aim of this contribution is to map the main regulatory initiatives, to analyse their different roles in the global space of labour standards and to analyse in which configurations they interact. The findings of this analysis provide a more advanced and comprehensive understanding of the regulation of labour standards on the global level. Show less
