Suchergebnisse

"This book theorizes the law of the household workplace, and how ongoing multilevel regulatory innovation regarding domestic work can be fostered"--

ABSTRACT
Refusal of abject commodification undergirds contemporary international law definitions of slavery and their growing linkage to international economic agreements through injunctions against the use of forced labor. Yet there are screaming silences in ongoing attempts to grapple with the prevalence and significance of contemporary slavery in the global economy. This contribution to the special issue on racial capitalism in international economic law calls for a reckoning with the past in the international law on contemporary slavery. By foregrounding resistances to erasure, and squarely addressing the significance of race to the perpetuation of slavery, this article seeks to harness their promise for a reconstruction of a contemporary law of slavery that understands racialization as offering an essential social justice challenge to the decommodification of labor.

AbstractThis article historicizes social regionalism as a principled and pragmatic response to the breakdown of the embedded liberal bargain and the encasing of an international economic order that was designed to prevent, transnationally, the governance of the social in the economic. Seen in historical context, the first labour chapter Arbitral Panel report under the Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR) illustrates the need to shift focus to social regionalism. The latter enables trade treaty interpretation to focus on shared objectives. It moves beyond treaty interpretation, to promote redistributive mechanisms and also international solidarity within trade agreements.

AbstractThis Special Issue on transnational labour law is placed in the context of the ILO centenary and the challenge of achieving the objective of decent work in a new century, under distinct transnational pressures. The author argues that international labour law, as the normative core of transnational labour law, can play a crucial role – in conjunction with a wide range of actors and the ILO in its standard‐setting and convenor capacities – in addressing this challenge and in reshaping the transnational legal architecture.

The International Labour Organization (ILO) adopted the Decent Work for Domestic Workers Convention, 2011 (No. 189) (the Domestic Workers Convention or Convention), as supplemented by an accompanying non-binding Recommendation (No. 201), on June 16, 2011. Both instruments were immediately hailed as historic. Two years later, on September 5, 2013, the Domestic Workers Convention entered into force, thus bringing the fifty-three to 100 million predominantly women workers—many of whom are migrants—squarely within the corpus of international labor law, with due attention paid to the specificity of their human rights claims.

The international landscape on the regulation of domestic work is changing dramatically. At the hundredth session of the International Labour Conference (ILC) in June 2011, the International Labour Organization (ILO) adopted the historic Decent Work for Domestic Workers Convention, 2011 (No. 189) and accompanying Recommendation No. 201. These new international labor standards come sixty-three years after the ILO adopted its first resolution on the conditions of employment of domestic workers and forty-six years after its second such resolution, which recalled the "urgent need" for standards "compatible with the self-respect and human dignity which are essential to social justice" for domestic workers. The robust, comprehensive international norms were adopted after two decades in which the ILO's standard setting has been deeply criticized and its tripartite structure repeatedly challenged to become more representative. Since additional critique of the ILO standards system emerged at the ILC's 101st session in 2012, it would be an overstatement to suggest that the new instruments reflect an unequivocally positive trend in standard setting. Even so, they offer a critical realist basis for considering that ILO standard setting remains salient and that international social dialogue remains possible.