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
Are states allowed to prohibit the importation of products made by children? Can foreign investors claim compensation when their host state raises the minimum wage? And could trade and... Show moreAre states allowed to prohibit the importation of products made by children? Can foreign investors claim compensation when their host state raises the minimum wage? And could trade and investment agreements be used to foster decent work, instead of being mere vehicles for economic liberalization? These questions are at the heart of the debate about the interactions between the international legal regimes for trade, investment and labour. This dissertation examines the ways in which international trade and investment law enables and constrains the ability of states to regulate labour. It looks at the effects on domestic labour law, the legality of trade measures responding to ‘unfair’ conditions in exporting countries, and the challenge of fragmentation between the legal framework of the ILO and labour clauses in trade and investment agreements. In addition to analyzing the interactions between the relevant norms, it explains how linkages between international economic law and labour navigate between two notions: fair competition and fundamental rights. This study is agnostic about which of these objectives ought to shape international law, thus allowing a critical examination of the relevant rules of public international law, as well as legal and economic scholarschip. 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
