International Labour Law

Difference Between International Law and National Law

No Central Body: Unlike national systems, there is no central legislative body in international law. It is primarily based on:

• Custom: Established practices and norms accepted as binding.

• Treaties: Formal agreements between states that are legally binding.

Jurisdiction Challenges: No single court has universal jurisdiction over international disputes.

• International Court of Justice (ICJ): Has limited jurisdiction and mainly handles disputes between states.

• Alternative Dispute Resolution: Numerous forms, mainly arbitration, are used to settle disputes.

Enforcement Issues:

• ICJ Judgments: There is no direct enforcement mechanism for the ICJ’s decisions.

• National Judgments: National judgments generally lack direct enforceability at the international level.

Sources of International Labour Law

ILO Conventions: Treaties established through the International Labour Organization that set minimum standards of basic labour rights.

ILO Recommendations: Non-binding guidelines related to the conventions that suggest best practices.

General Principles of Labour Law: As determined by decisions of the ILO Administrative Tribunal, these principles influence labour practices globally.

Other International Treaties: Agreements on labor standards made under the auspices of bodies other than the ILO.

Regional and Bilateral Trade Agreements: These agreements often include labor standards provisions that bind the signatories.

The ILO has 3 Main Bodies

International Labour Conference: Sets broad policies and standards.

Governing Body: Provides guidance on ILO policy and oversees budget and agenda.

International Labour Office: Acts as the permanent secretariat and operational headquarters.

CPTPP

Comprehensive and Progressive Agreement for Trans-Pacific Partnerhsip