The rapprochement of ILO standards and CSR mechanisms: towards a positive understanding of the ‘privatization’ of international labour standards

Zandvliet, Ruben; Heijden, Paul van der

doi:10.4337/9781784711467.00014

Cited by 4 publications

(3 citation statements)

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“…This risk of capture problematizes research portraying the privatization of fundamental labor rights into codes of conduct as an effective means of circumventing state legal institutions that are unwilling, or unable, to uphold laborers’ rights (Pekdemir et al . ; Zandvliet & van der Heijden ). It equally raises red flags for other transpositive developments, such as the privatization, or “contractualization” of fundamental labor rights into novel, transnational framework agreements between transnational labor union federations and multinational corporations (Moreau ; Drouin ).…”

Section: Discussion: the Jurisgenerative Role Of Social Auditors In Tmentioning

confidence: 99%

“…As such, auditors enlisted by these rulemakers automatically acquire a second, and “non‐delegated,” intermediary role implementing and monitoring compliance with those referenced legal standards (Havinga & Verbruggen ; Marx & Wouters ). That is, they take upon themselves the role of implementing laws and thus serving as an intermediary for states and international organizations, such as the ILO, that have not requested their intermediary services (Zandvliet & van der Heijden ). In the course of this work, it is likely that auditors assist rulemakers in operationalizing international legal requirements into their private rules.…”

Section: Regulatory Intermediaries and The Emergence Of Rulesmentioning

confidence: 99%

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Jurisgenerative role of auditors in transnational labor governance

Paiement

2018

Regulation & Governance

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This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries’ jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.

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Section: Discussion: the Jurisgenerative Role Of Social Auditors In Tmentioning

confidence: 99%

Section: Regulatory Intermediaries and The Emergence Of Rulesmentioning

confidence: 99%

Jurisgenerative role of auditors in transnational labor governance

Paiement

2018

Regulation & Governance

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“…They each bring forth their own set of problems. In labour rights, the rapprochement of organisations and countries to labour standards through for instance various economic instruments can be considered a positive development (Zandvliet & van der Heijden, 2015). From a coherence point of view, various standards and policies are becoming normatively aligned as standards from both public and private actors allude to ILO standards.…”

Section: Discussionmentioning

confidence: 99%

Navigating between fragmentation and cohesion

Pekdemir

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People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:

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The ILO as an Actor in International Economic Law: Looking Back, Gazing Ahead

Trebilcock¹

2019

European Yearbook of International Economic Law 2019

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The rapprochement of ILO standards and CSR mechanisms: towards a positive understanding of the ‘privatization’ of international labour standards

Cited by 4 publications

References 0 publications

Jurisgenerative role of auditors in transnational labor governance

Jurisgenerative role of auditors in transnational labor governance

Navigating between fragmentation and cohesion

The ILO as an Actor in International Economic Law: Looking Back, Gazing Ahead

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