International Organizations Law Review最新文献

{"title":"Membership in International Organizations: Paradigms of Membership Structures, Legal Implications of Membership and the Concept of International Organization, written by Gerd Droesse","authors":"R. Wessel","doi":"10.1163/15723747-2020018","DOIUrl":"https://doi.org/10.1163/15723747-2020018","url":null,"abstract":"","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"-1 1","pages":"1-6"},"PeriodicalIF":0.7,"publicationDate":"2020-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-2020018","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46534838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of the State in the Exercise of Transnational Public and Private Authority over Labour Standards","authors":"J. Diller","doi":"10.1163/15723747-01701003","DOIUrl":"https://doi.org/10.1163/15723747-01701003","url":null,"abstract":"Interdependence among States in an era of globalization exacerbates the increasing emphasis on competing claims of national interest in the global arena. Rising nationalism is a symptom of the weakness of conception of transnational governance that insufficiently coordinates public and private interactions across multiple systems of governance which overlap on matters of common interest such as labour standards. The State-centric system of world governance lacks effective structures to bridge the gap between transnational labour governance (‘TLG’) and national, interstate, and international governance. However, emerging evidence suggests that the State is capable of facilitating inclusive and consensual action with non-state bodies of collective interest at national and transnational levels that helps connect TLG with national and international governance. This review compares differing degrees and methods of State action in selected TLG prototypes and their outcomes relevant to public and private policy choices affecting decent work and equal opportunity for well-being. Particular focus is placed on the State’s role in attributing private authority to non-state bodies of collective interest, facilitating consensual decision-making and regulatory action, aligning TLG with international norms and relevant national law and institutions, and cooperating in TLG with other States, including with or through international organizations. Challenges to effective TLG, such as opting-out, competing structures, and difficulty in leveraging short-term initiatives for longer-term capacity, are examined within the context of the legitimacy and coherence of TLG systems and across phases of governance, including agenda setting, norm development, implementation, oversight, evaluation, correction and revision. Preliminary conclusions call for further theoretical and empirical research to evaluate factors that influence such innovations and the extent to which they lead to durable and effective TLG within and across States that advances decent work and equal opportunity for well-being in globalized markets.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"41-74"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46784291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Past and Future Work at the International Labour Organization","authors":"Tonia Novitz","doi":"10.1163/15723747-01701002","DOIUrl":"https://doi.org/10.1163/15723747-01701002","url":null,"abstract":"This article analyses past and future work at the International Labour Organization (‘ILO’) with reference to the transformational analysis offered by Karl Polanyi, examining how constitutional statements made through ILO Declarations reflect countermovement to market dominance. These policy shifts at the ILO are also analysed in relation to the three pillars of sustainability (environmental, economic and social), which arguably map onto Polanyi’s three fictitious commodities (with a focus on labour as emblematic of social concerns). It is argued that the emphasis on social justice and sustainability in the 2019 ILO Global Commission Report, including the proposal for a Universal Labour Guarantee, provides significant resistance to the economic orthodoxy regarding the future of work promoted by the World Bank Group and the Organization for Economic Cooperation and Development (‘OECD’). However, this narrative of ILO countermovement also exposes a lack of balanced regulation which requires more inclusive voice on the global stage.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"10-40"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48145284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labour Provisions in Trade Agreements","authors":"Joo-cheong Tham, K. Ewing","doi":"10.1163/15723747-01701007","DOIUrl":"https://doi.org/10.1163/15723747-01701007","url":null,"abstract":"There has been a significant increase of provisions dealing with labour standards in trade agreements (labour provisions). Will these labour provisions improve labour standards?\u0000This article takes up this question in relation to the ‘Labour’ chapter of the Comprehensive Progressive Trans-Pacific Partnership (‘CPTPP’). This chapter provides the crucial test for whether labour provisions (as currently framed) will improve labour standards, having been hailed by the United States government as providing ‘the strongest protections for workers of any trade agreement in history’.\u0000Contrary to rhetoric accompanying this chapter, this article argues that it is a form of neoliberal regulation – faux regulation. It stands forth as an example of such legalised minimalism for three reasons. First, it provides for flexible standards particularly through its heavy reliance on rights recognised in the 1998 ILO Declaration on Fundamental Principles and Rights at Work. Second, it lays down standards for flexibility through non-existent standards, liquid-soft obligations, and heavily qualified obligations.\u0000But third, the evidence shows that the parties to the agreement either have not ratified the core ILO Conventions on which the labour principles are based, or (using freedom of association as a case-study) are in breach of these obligations, sometimes in quite significant ways. The extent of non-compliance at the point of commencement raises serious questions about the integrity and purpose of the ‘Labour’ chapter. These reinforce the sense that the chapter is a form of faux regulation in which the parties have deliberately constructed a system of Mutually Assured Non-Compliance.\u0000The article concludes by sketching out the broader implications of its analysis for other labour provisions and identifying ways to go beyond faux regulation.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"153-177"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41416173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Social and Labour Standards in the OECD Guidelines","authors":"Gabriele Buchholtz","doi":"10.1163/15723747-01701006","DOIUrl":"https://doi.org/10.1163/15723747-01701006","url":null,"abstract":"We have witnessed fundamental changes both domestically and internationally due to globalisation and free trade. Multinational enterprises (‘MNEs’) are at the forefront of these changes. While states in the Global North have benefited broadly from the opportunities offered by free international trade, developing countries in the southern hemisphere have often suffered from the negative impacts of globalisation, notably, serious violations of human rights and working conditions. In order to avoid these adverse side effects, increasing international attention has been devoted to the human rights obligations of corporations over the last 30 years. Particularly useful are the OECD Guidelines for Multinational Enterprises – the only instrument of corporate responsibility formally adopted by governments with a built-in grievance mechanism. As this analysis will show, these Guidelines can have a measurable impact – beyond the traditional categories of soft law and binding state law. In this article, possibilities for innovative national regulatory practice will be considered and light will be shed on the technique of ‘social linkage’, particularly on public procurement law with its unique mechanisms for social considerations. All these mechanisms lead to more coherence in international law and can be used to strengthen the impact of the OECD Guidelines.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"133-152"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48282241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction: International Institutions, Public Governance and Future Regulation of Work","authors":"Franz Christian Ebert,Tonia Novitz","doi":"10.1163/15723747-01701001","DOIUrl":"https://doi.org/10.1163/15723747-01701001","url":null,"abstract":"This special issue takes the centenary of the International Labour Organization as an occasion to reflect on the roles of international institutions in governing labour standards. While at the time of its creation the ILO played a solitary role as the custodian of international labour standards, the culmination of various experiments with international regulation,1 the ILO today is not the only international institution seeking to exercise governance in relation to the world of work. Instead, a number of institutional actors, both at the global and regional level, have emerged in this area, including the World Bank Group, the International Monetary Fund (IMF), the Organization for Economic Cooperation and Development, the Council of Europe and the European Union. Their activities can complement but often also compete or even conflict with those of the ILO, of which the economic and financial crisis in the Eurozone is a powerful reminder.2 Meanwhile, the ILO has been struggling to ensure consensus among its tripartite constituents in the Post-Cold War-period and continues to be subject to significant internal conflict.3 Indeed, the ILO","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"8 1","pages":"1-9"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Harnessing Public Institutions for Labour Law Enforcement","authors":"Antonio García-Munoz Alhambra, B. T. Haar, A. Kun","doi":"10.1163/15723747-01701010","DOIUrl":"https://doi.org/10.1163/15723747-01701010","url":null,"abstract":"The 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.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46566818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Public Law Perspective on Labour Governance by International Financial Institutions","authors":"F. Ebert","doi":"10.1163/15723747-01701005","DOIUrl":"https://doi.org/10.1163/15723747-01701005","url":null,"abstract":"Over the last decades, international financial institutions (‘IFIs’) such as the International Monetary Fund (‘IMF’) or the World Bank have emerged as important actors in the area of labour governance. While the conditionality attached to IFI lending programmes is of particular importance in this regard, labour governance by IFIs transcends these well-known mechanisms. Through a variety of other governance instruments IFIs influence labour standards in their members’ territories far beyond the countries that are recipients of their financial support. This paper sheds light on the so far under-researched IMF Article IV Consultations by analysing how they impact labour standards at the domestic level. After providing an overview of the origins, scope, and the procedure of the Article IV Consultations, the paper shows that these have sometimes advocated far-reaching labour law reforms. The paper then employs the International Public Authority approach to better understand the legitimacy concerns created by these Consultations in terms of labour governance. With a view to addressing these concerns, the paper discusses avenues to strengthen the legal framework for the IMF’s Article IV Consultations in substantive and procedural terms.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"105-132"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41921918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Participation in the World Health Organization","authors":"Steven A. Solomon, C. Nannini","doi":"10.1163/15723747-01602003","DOIUrl":"https://doi.org/10.1163/15723747-01602003","url":null,"abstract":"Participation in the World Health Organization (WHO) is a multifaceted matter and should be understood as not only referring to the governance of WHO, but also to its scientific and technical work as well as its collaborative efforts towards advancing global public health more generally. The article is concerned, in particular, with the legal and political framework surrounding attendance and participation of states and various entities in the governing bodies of the Organization, at the global and regional level. It shows that participation in the governance of WHO is still today a domain reserved to the determination of its Member States. At the same time, solutions have been found and continued efforts are necessary to take into account geopolitical considerations and to ensure a meaningful and inclusive participation of all relevant actors in global health discussions.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"261-290"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01602003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64455725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interactions between International Organizations","authors":"Henner Gött","doi":"10.1163/15723747-01701004","DOIUrl":"https://doi.org/10.1163/15723747-01701004","url":null,"abstract":"Interactions between international organizations (‘IOs’) are a ubiquitous and multifaceted phenomenon in global governance, with labour governance being an important field of reference. Such inter-organizational interactions, defined as intended or accidental influence between IOs, can considerably affect the way in which the interacting IOs execute their respective mandates. Depending on the situation, inter-organizational interactions can increase IOs’ outreach and impact, but they can also dilute, divert or thwart their activities and their functioning.\u0000Against this background, it is surprising that international legal scholarship has so far shown little interest in the legal dimensions of inter-organizational interactions. In consequence, many central aspects of the law governing such interactions still lay obscure. This article argues that there is a need for international lawyers to examine the phenomenon and the legal implications of inter-organizational interactions in a systematic manner. Using interactions between the International Labour Organization and the UN, the International Maritime Organization, the World Bank and the European Court of Human Rights as examples, this article explores the phenomenon of inter-organizational interactions, extrapolates these interactions’ variety, impact and normative ambivalence, and develops a legal scholarly perspective on them. In doing so, the article expounds the research agenda for a systematic legal analysis of inter-organizational interactions in labour governance and beyond.","PeriodicalId":42966,"journal":{"name":"International Organizations Law Review","volume":"17 1","pages":"75-104"},"PeriodicalIF":0.7,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15723747-01701004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43049196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}