The Globalisation of Labour Standards: The Soft Law Track 1

Blanpain, R.

doi:10.1163/221125907x00029

Cited by 5 publications

(3 citation statements)

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“…Transnational Private Labour Regulation (TPLR) has grown in response to three regulatory deficits that underpin externalized employment in developing countries. First, there is a lack of enforced employment legislation in these countries (Kolben, 2011;Trubek and Trubek, 2007); second, MNCs have found it difficult to manage their global supply chains in developing and transition economies (Fichter and Sydow, 2002); third, multilateral organizations such as the International Labour Organization (ILO) do not have the capacity to implement and monitor international standards in developing and transition economies (Blanpain and Colucci, 2004). These deficits have triggered a growth of global governance mechanisms and regulatory initiatives from international non-state and private sectors (Bercusson and Estlund, 2008;Ruggie, 2008) including trade unions and their international organizations, the GUFs.…”

Section: International Regulation Of Temporary Agency Work (Taw)mentioning

confidence: 99%

Transnational regulation of temporary agency work compromised partnership between Private Employment Agencies and Global Union Federations

Cotton

2015

Work, Employment and Society

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This article critically assesses the potential for the international regulation of temporary agency work (TAW) through building partnership between the Global Union Federations (GUFs) and major Private Employment Agencies (PrEAs). Given the limits of existing national and international regulation of TAW, particularly in developing countries, and the current deadlock in dialogue through the International Labour Organization, the argument of this article is that Transnational Private Labour Regulation (TPLR) offers a unique opportunity to establish a basis for minimum standards for temporary agency workers. This article goes on to propose three potential TPLR frameworks that, although compromised, are transparent, fair and sufficiently elastic to accommodate the distributive and political risks associated with partnership. They also offer important gains, namely increasing the competitive advantage of the PrEAs involved, minimum standards for agency workers and 'field enlarging' strategies for the GUFs and their affiliates.

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Section: International Regulation Of Temporary Agency Work (Taw)mentioning

confidence: 99%

Transnational regulation of temporary agency work compromised partnership between Private Employment Agencies and Global Union Federations

Cotton

2015

Work, Employment and Society

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“…Moreover, the Declaration's emphasis on soft law instruments for the promotion of labor rights seemed appropriate and timely in the face of globalization's undermining of the effectiveness of domestic and international legal instruments to protect labor rights (Blanpain & Colucci, 2004;Daugareilh, 2008;Duplessis, 2008;Gravel, 2008;Langille, 2005). Overall, the Declaration was greeted as part of a "competence-enhancing change" within the ILO with respect to its three goals regarding its lawmaking and monitoring functions: universal membership with widespread treaty ratifications, appropriately flexible substantive rules, and centralized mechanisms for monitoring state behavior (Helfer, 2006, adapted from Koremenos, Lipson, & Snidal, 2001.…”

Section: Main Points Of Disagreement Over the Declarationmentioning

confidence: 99%

Continuation of the ILO Principles in the 21st Century Through the Compliance Pull of Core Labor Rights

Eren¹

2008

Journal of Workplace Rights

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More than a decade has passed since the adoption by the International Labor Organization (ILO) of the 1998 "Declaration on Fundamental Principles and Rights at Work." However, the debate over the meaning and implications of this change has not reached a conclusion yet. This article argues that regime theory can offer insights to move the debate to a more fruitful plane. The analysis suggests that the Declaration's reinforcement of the ILO's long-standing principles and norms in the context of four core labor rights can be interpreted as the emergence of a nested regime within the overarching ILO regime. From now on, the continuation of the ILO principles will be a function of how well the Declaration's nested regime takes advantage of the "compliance pull" that the legitimacy of core labor rights generates against the competing principles of the neoliberal agenda. * I dedicate my first publication to my mother and father, Nazan and Cezmi Eren, who taught me to value learning, and to my advisor, John Barkdull, who worked tirelessly with me from the beginning. The errors are of course mine.

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“…This is also the case at the regional level. Even within the framework of the most developed regional organization in the world, the European Union, most European labor law directives need to be implemented into national laws (Blanpain and Colucci 2004). This reflects the fact that states are only empowered to enforce violations in their own territory and consequently have no influence on the decisions made by MNEs, especially when an MNE headquarter is located in another country.…”

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confidence: 99%

Enforcing Labor Rights against Multinational Corporate Groups in Europe

Kryvoi

2007

Industrial Relations

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Voluntary corporate codes of conduct for multinational enterprises can have certain quasi‐legal effects for national legal systems, but the enforcement of labor standards remains at the national level. Two main obstacles to the enforcement of labor rights against multinationals are limited access to justice in multinationals’ home countries and the concept of limited liability. These obstacles are understood differently in common law and civil law jurisdictions and require different approaches to overcome them.

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The Globalisation of Labour Standards: The Soft Law Track 1

Cited by 5 publications

References 0 publications

Transnational regulation of temporary agency work compromised partnership between Private Employment Agencies and Global Union Federations

Transnational regulation of temporary agency work compromised partnership between Private Employment Agencies and Global Union Federations

Continuation of the ILO Principles in the 21st Century Through the Compliance Pull of Core Labor Rights

Enforcing Labor Rights against Multinational Corporate Groups in Europe

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