Impediments to ILO core standards becoming jus cogens

Research output: Conference Papers (RGC: 31A, 31B, 32, 33)32_Refereed conference paper (no ISBN/ISSN)

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Original languageEnglish
Publication statusPublished - 24 Jul 2018

Conference

TitleILERA 18th World Congress (ILERA 2018)
PlaceKorea, Republic of
CitySeoul
Period23 - 27 July 2018

Abstract

Despite much progress in the last century towards international protection of labour and the promotion of their well-being, there has been little political will to create internationally enforceable standards. A part of the problem comes from the late twentieth century neoliberalist rollback of the state and now perhaps nationalism but the problem more deeply stems from a denial of the idea of social being. In turn, workers as having any fundamental rights tend to be seen in courts as limiting freedom rather than protecting social interests.

The paper calls for a shift from liberalist notions of individualism to genuine communitarian rights, placing collective labour as at least equal to that which the corporation has come to enjoy in international law, as if it were human. This is done through three stages. First a review and partial rejection of communitarian rights (ethnic/ religious). Second, an examination of the rights of legal person of companies, and see how these have been challenged, as for example in the way tax law has made chief financial officers personally liable in some jurisdictions. Then third, to extend this to focus on how matters of health and safety, representation and bargaining could be used to logically insert collective rights into workplaces.

Citation Format(s)

Impediments to ILO core standards becoming jus cogens. / TAYLOR, Bill.

2018. Paper presented at ILERA 18th World Congress (ILERA 2018) , Seoul, Korea, Republic of.

Research output: Conference Papers (RGC: 31A, 31B, 32, 33)32_Refereed conference paper (no ISBN/ISSN)