International Labour Law, 2nd revised edition

Author: Jean-Michel Servais
Publisher: Kluwer Law International
ISBN: 9789041128140
Published In: December 2008
Format: Paperback , 356 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 honour 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 Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following:

the relationship between international labour law and economic competition
standards on industrial relations
collective bargaining and dispute settlement procedures
protection of trade unions
prohibitions on enforced and child labour
promotion of equal opportunity and treatment
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
maritime work

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, human resources managers, employers´ organizations, trade unions, jurists, and academics concerned with the role of work in our globalised social system. This second edition of the book by Jean-Michel Servais analyzes the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences.

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.