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International Labour Law

Jean-Michel Servais

Kluwer Law International 2005. ISBN 904112392x
Bogomtale fra forlaget.

No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for eighty years. The implementation of this law devolves upon states; yet many states have failed to honor it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness.
This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Mulitnational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: standards on industrial relations the relationship between international labour law and economic competition collective bargaining protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment dispute settlement procedures time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions
The presentation demonstrates that these rules and standards, notwithstanding their much-maligned intrinsic legal force, do in fact offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book s combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, regulators, employers organizations, trade unions, jurists, and academics concerned with the role of work in our globalised social system.
This new book by Jean-Michel Servais of the ILO is a continuation of the earlier standard work of the same title by Nicolas Valticos, as revised by G.W. von Potobski in 1995.
Table of Contents
Contents: The Author. Preface; K. Tapiola. List of Abbreviations. Introduction. Part One: Historical Landmarks and Current Perspectives. 1. The founding principles of ILO and their relevance today. 2. The social clause dilemma. 3. The constitutional framework. Part Two: The Sources of International Labour Law. 1. The ILO Constitution. 2. The international labour conventions. 3. The other standard-setting instruments. 4. Conflicts between international labour standards. Part Three: The Content of International Labour Standards. 1. Freedom of association and social dialogue. 2. Labour and employment. 3. Social security. Part Four: The Effectiveness of International Labour Standards. 1. The supervision and promotion of ILO standards. 2. Implementation difficulties. Selected bibliography. Alphabetical index