Characteristics of International Labour Standards

What are the characteristics of such a system of international law?

International labour standards are universal in character as their drafters intend that all countries be able to implement and ratify them -- regardless of each's stage of economic development, or social or economic system. Because of this intent, standards are often written with certain flexibility in their obligations. Related to the universality of standards and the flexibility they must sometimes have as a result, several very important standards set only goals for national policy and a broad framework for national action. When ratified, these promotional standards oblige a country to use means apropriate to national circumstance to promote these goals -- and to be able to demonstrate progress over time in achieving the goals.

The tripartite deliberation which goes into standards' adoption is aimed, amongst other things, at ensuring that the results are viable. That is, that the final piece of international law can, in fact, be implemented and accepted by member States as the international standard on the subject at hand. In connection with this, international labour standards are set sensitive to the possibility that they may need to be modified or adapted as time goes on.

These characteristics come together in a unique way in international international labour standards. In addition, the systematic regularity with which international labour standards are adopted enhances their influence as even in the absence of obligations arising out of ratification, it has become routine for those concerned with social problems to refer to international labour standards for guidance as reflecting the considered views of a representative world assembly.

Universality

International labour standards are debated and adopted by delegates from all parts of the world. Consideration of prevailing diverse national practices goes into their preparation and framing. They provide for widely accepted goals and rules for national action that all countries can follow. The desire all along is to set a labour standard which can be used internationally.

Transforming these universally accepted goals and rules into a binding legal obligation is each State's sovereign privilege. This is done through ratification. Even before this is done in any particular State, the standards nevertheless remain a reference point for developing policy and action on the matter at hand.

ILO bodies have consistently opposed the idea of having different standards for different regions or groups of countries. ILO delegations "refuse categorically to accept the very idea that there could be sub-standards for sub-humans".

Flexibility

In conformity with the ILO Constitution, in the process of drawing up international labour standards specific attention is given to the need for flexibility to take account of variations in national circumstances, conditions and practices. The flexibility which sometimes results is set to ensure universality of the standard. The standards are thus drafted realistically, with a view to their ultimate effectiveness.

Examples of flexibility in international labour standards

There are, however, limits to flexibility if sufficiently concrete standards are to be set. Where flexibility would threaten to defeat a meaningful standard, a Recommendation might be adopted by the Conference, with the hope that international practice might in the future develop and thus enable the consideration and adoption of a Convention.

Viability

Proposals for instruments to be adopted by the Conference are examined normally at two successive sessions -- a double discussion. Items are placed on the agenda of the Conference in the first instance after thorough tripartite consultations in the Governing Body.

At Conference sessions, texts are worked out in tripartite technical committees by majority decisions, and in the end, a two-third vote by the Conference is required for the final adoption of proposed instruments.

Adaptability

Since 1919 international labour standards have had to adapt to a rapidly changing world, scarred by two world wars and other conflicts, confronted by economic crises and rapid cultural changes. During this same period, the colonial era ended. Many newly independent nations entered the international community, determined to pursue their own development in co-operation with the rest of the world.

In such an environment, standards are adopted with a view to the possibility that they may need to be modified in the future. Features of the system have been developed with this in mind, and all along, new standards have been adopted and older standards have been revised whenever necessary to bring them up to date.

In recent years, the Governing Body has been systematically reviewing individual standards with an eye to the viability of each. The objective has been to maintain the reputation of the system of standards as one which is relevant and well adapted to the global situation.

Learn more about this process