The ILO and International Judicial Mechanisms: A Story of Control and Trust

Abstract

The International Labour Organization (ILO) Constitution placed a special focus on effectiveness since its establishment.In this sense, the ILO is unique in many respects. Since the very inception of the organization, one of its key features has been the emphasis placed on normative activities as well as on ensuring respect for the rules adopted as a result of such activities. The control mechanisms foreseen and used in the context of the ILO, although diverse in their characteristics, are envisaged in a comprehensive framework. The Organization has been and continues to be very innovative in this area.

One particular issue this paper focuses on relates to the international judicial mechanisms and their possible contribution to respect for the law of the ILO. To this end, the array of ILO control mechanisms are first presented. The author then gives special attention to how judicial mechanisms can also have a role to play. She focuses on how the judicial mechanisms have been incorporated into the ILO mechanisms of control (II) and shows that they are subject to increasing resistance within the ILO (III). Finally, she looks at judicial and quasi-judicial procedures for the application and interpretation of ILO norms being set up outside the ILO, and discusses the role the ILO can play (IV).