Abstract
Established in 1919, the International Labour Organization (ILO) belongs to the category of international organizations that emerged after the First World War in a context of international harmonization of standards in the wake of the League of Nations. Founded on a principle of tripartism between employers, workers and governments, which can be described as its "backbone ", the ILO has a certain normativity, which, in turn, can be considered from three angles. To what extent, then, can the normativity of an institution such as the ILO be analyzed? The first part of the essay focuses on normative value, which refers to the legal force of ILO instruments. The second part is devoted to the analysis of normative effectiveness, which focuses on implementation and impact. As for the third and final part, the examination of normative guarantee concentrates on the dimensions of enforcement and accountability, with a focus on the challenges facing the ILO.
Extract
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[...] As such, the Committee of Experts on the Application of Conventions and Recommendations (CEACR), plays a crucial role which supervises the national and local implementation of ILO specific standards. As a concrete example, one can underline CEACR's 2023 findings on Uzbekistan's forced labour reforms; the CEACR aimed to play a key role in this national transition, which had eventually a significant impact on the domestic labour law6. B. The notion of tripartism: worker-employer-state dialogue At the heart of ILO's structured model, the notion of tripartism worker-employer-state is a key element: stemming from the idea that ILO needed a certain legitimacy beyond strict normative values7, it was exemplified recently by the 2022 Qatar-World Cup labour right mediation, after a public controversy revolving around forced labour law and potential cases of slavery.8 Tripartism has a long functioning history within ILO's structuration and enhances reflections based on a "third-way" thinking of a social justice system9. [...]
[...] What normative power for universal organizations today? - International Labour Organization (ILO) Introduction Established in 1919, the International Labour Organization (ILO) belongs to the category of international organizations that emerged after the First World War in a context of international harmonization of standards in the wake of the League of Nations. Founded on a principle of tripartism between employers, workers and governments, which can be described as its "backbone1", the ILO has a certain normativity which, in turn, can be considered from three angles. [...]
[...] Conclusion The ILO's normative power in today's global context is characterized by a robust framework of labour standards, a unique tripartite structure for implementation, and a range of enforcement mechanisms. It is such the case in the tripartite analysis of the normativity of ILO's instruments, which can be addressed through value, effectiveness and guarantee lenses. However, challenges persist, particularly in ensuring universal compliance and addressing labour rights violations in politically sensitive contexts, such as in China, Bangladesh or Myanmar. With respect to Chinese political, legal and judicial system, the resolution of the Uyghurs forced labour and quasi-slavery represents a turning point for the perpetuation of ILO's credibility around the world: May such an institution enforces its own rules despite the authoritarian nature of the regime of one of the most powerful countries in the world? [...]
