Table of Contents

Research Handbook on Transnational Labour Law

Research Handbook on Transnational Labour Law

Research Handbooks in International Law series

Edited by Adelle Blackett and Anne Trebilcock

The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.

Chapter 28: The use of arbitration to decide international labour issues

Kathleen Claussen

Subjects: law - academic, human rights, labour, employment law, public international law

Abstract

Why have arbitral rules designed for use in international labour dispute resolution proceedings not yet materialized? International labour arbitration experts at a 2003 symposium in The Hague were optimistic about the creation of a set of arbitral rules that would include provisions with special relevance to labour disputes, like other specialized arbitration rules, addressing issues such as the participation of multiple parties or the transparency of the proceedings. As cross-border work increases, the need for such rules becomes more pressing because, in the absence of a global enforcement mechanism for labour standards beyond what is foreseen in the Constitution of the International Labour Organization (ILO), the potential for conflict among jurisdictional labour standards and the practices of individual actors also increases. The labour complaints process under the ILO Constitution has rarely been invoked; a more promising potential tool to promote labour arbitration may be the ‘social clauses’ found in multilateral and bilateral trade and investment agreements. While the investment community, with heavy clout in political circles, has succeeded in establishing a regime for international investment, the labour community, while making considerable progress in recent years, has not yet achieved the same stand-alone enforcement strength in the dispute resolution sphere for cross-border labour disputes. To the extent these treaties retain some flexibility in the subject matter encompassed by the dispute resolution mechanism, they may hold the potential to provide a forum for the resolution of grievances arising in labour contexts.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information