Article 37(2) of the ILO Constitution : Can an ILO Interpretive Tribunal End the Hegemony of International Trade Law?
At its November 2008 meeting, the Committee on Legal Issues and International Labour Standards of the International Labour Organization's (ILO) Governing Body recommended that the International Labour Office prepare a study on improving the interpretation and implementation of international labor agreements and the ILO supervisory mechanism more generally. Amongst the issues the Office was asked to consider was the resuscitation of Article 37(2) of the ILO Constitution, a long-dormant provision allowing for the creation of an ‘in-house' tribunal for the resolution of disputes or questions relating to the interpretation of ILO conventions. As a result, it appears that the ILO may seriously be considering the creation of such a tribunal for the first time since 1993.In the light of this possible innovation in the ILO's organizational architecture, this paper will explore the parameters and modalities according to which an Article 37(2) tribunal might operate, its possible interaction with the existing ILO supervisory mechanism and its potential role within the larger universe of international law. This essay will situate this possible development within the larger debate on fragmentation and examine the degree to which such a tribunal could serve as a valuable counterweight to the WTO's dispute settlement system, thereby providing the ILO with an effective response to the hegemony of international trade law. This paper posits that while a new ILO interpretive tribunal would go a long way to clarifying the nature of obligations under international labor law, its likely lack of concrete enforcement power would ultimately prevent it from ensuring compliance with ILO Conventions in situations where WTO panels are considering the same or related matters
Year of publication: |
2011
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Authors: | Fraterman, Justin A. |
Publisher: |
[2011]: [S.l.] : SSRN |
Subject: | Welt | World | Internationale Organisation | International organization | Sozialstandards | Labour standards | Internationales Handelsrecht | International trade law | WTO-Recht | WTO law | Internationale Schiedsgerichtsbarkeit | International commercial arbitration |
Saved in:
freely available
Extent: | 1 Online-Ressource (44 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: Georgetown Journal of International Law, Vol. 42, No. 3, 2011 Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments February 22, 2011 erstellt |
Classification: | K33 - International Law ; K31 - Labor Law |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013131300
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