New sources and new actors of international labour law
The last decade has been marked by a huge growth of the economic power of multinational companies. This has enhanced attention to their activity as employers, especially in the developing countries. As a reaction of the companies to this attention and critics, a new source of international labour law – corporate codes of conduct – has appeared. There are both positive and negative effects of practice of adoption of such codes. The effectiveness of these new acts is now a matter of serious debates. This article considers the opportunities and threats associated with this phenomenon.
The article contains analysis of flexibility as an important factor of the international labour standards’ effectiveness. This factor is explored in terms of substantive, form and implementation flexibility. Substantive flexibility is defined as a vague language or special «flexibility clauses» of the international treaties aimed at facilitation of their further ratification. The author suggests that ILO policy in this respect is excessively flexible, without reasonable justification by the higher probability of the Conventions’ ratification. The form flexibility is understood as the adoption of the international labour standards in form of either international treaties or as «soft-law» instruments. The experience of drafting of the ILO Maritime Labour Convention of 2006 (MLC) is treated as rather successful one in respect of combination of elements of a binding treaty and a soft-law act in the single instrument. The mechanism of amendment of the Maritime Labour Convention is also interesting in respect of the possibility to apply the amended Convention towards the state that ratified its earlier text — in the «semi-automatic» manner. The implementation flexibility follows from the politics of the international organizations concerning the control over the adopted international labour standards. Despite the fact that ILO possibilities to control the application of its instruments are rather limited, the Organization doesn’t make a full use of even the available means of control. The ILO is significantly more flexible in application of its standards than the European regional organizations — the Council of Europe and the European Union.
The author of the report analyses problems of legal regulation of the phenomena of mobbing and harassment in the Russian legislation, protective measures available under the Russian law and perspectives of the development of the regulation in this field.
The article deals with the issues of Russian labour law compliance to the international labour standards in several crucial issues: discrimination in employment, freedom of association, wages etc.
The article deals with some theoretical and practical issues concerning the impact of international labour norms on Russian municipal labour law. The author argues that international labour treaties are being transformed significantly in the process of their implementation in the internal legislation. The perspectives of Russian labour legislation’ modification with a view of better use of international labour standards are analyzed.