Assessing Legitimate Structures for the Making of Transnational Labour Law: The Durability of Corporatism

Posted: 4 Apr 2008

See all articles by Tonia Novitz

Tonia Novitz

University of Bristol - School of Law

Phil Syrpis

University of Bristol

Date Written: December 2006

Abstract

In recent years, there has been greater scrutiny of the legitimacy of governance within international and regional institutions and an emerging interest in deliberative democracy. This paper examines the potential impact of these trends on the survival of current mechanisms for the making of transnational labour law, which may be thought to reflect corporatist rather than pluralist or deliberative practices. We focus on two examples: the tripartite constitutional foundation of the International Labour Organisation, which ensures that employer and worker representatives share in standard-setting alongside government representatives, and the predominantly bipartite process of social dialogue between management and labour for the formulation of European Community social policy. Despite significant differences in approach, both organisations have chosen to prioritise participation by trade unions and employer representatives within designated bargaining structures that are ostensibly designed to achieve some balance in their relative influence' however, the reasons for this preference have not always been apparent. This paper investigates how corporatist structures have been adapted for application at the international and European level, and seeks to analyse their potential for legitimacy, and thereby their durability.

Suggested Citation

Novitz, Tonia A. and Syrpis, Phil, Assessing Legitimate Structures for the Making of Transnational Labour Law: The Durability of Corporatism (December 2006). Industrial Law Journal, Vol. 35, Issue 4, pp. 367-394, 2006, Available at SSRN: https://ssrn.com/abstract=1116436 or http://dx.doi.org/10.1093/indlaw/dwl028

Tonia A. Novitz (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol BS8 1RJ, BS8 1RJ
United Kingdom

Phil Syrpis

University of Bristol

University of Bristol,
Senate House, Tyndall Avenue
Bristol, BS8 ITH
United Kingdom

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