Frameworks for Understanding the International Labor Organization and Its Impact
ILO:100: Law for Social Justice, Forthcoming
34 Pages Posted: 26 Jul 2019
Date Written: July 25, 2019
Like other international organizations, the ILO can be examined from a number of jurisprudential frameworks widely used by international law scholars, including realism, functionalism, legal positivism, law and economics, liberal theory, constructivism, deliberative approaches such as contestation, constitutionalism, and various forms of critical theory. This essay considers what is gained and lost from the application of such approaches to the organization. It also considers how the reality of today’s ‘transnational labor law’ – to be distinguished from the international labor law envisioned when the organization was established in 1919 – relates to contemporary scholarly debates about what exactly are the ‘sources’ of international law, how ‘compliance’ with those sources occur, and whether ‘global governance’ exists.
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