What We Can Learn From the Newly Published Volume, Social Justice and the World of Work: Possible Global Futures (Hart, 2023)
Chair(s): Anne Trebilcock (University of Göttingen, Germany), Brian Langille (University of Toronto)
Discussant(s): Gabrielle Marceau (WTO and University of Geneva)
Brian Langille and/or Anne Trebilcock: What we can learn from the newly published volume, Social Justice and the World of Work: Possible Global Futures (Hart, 2023).
The introductory speaker(s) will trace origins of the book and an overview of its content and the process involved: the inspiration (the oeuvre of Francis Maupain, former ILO Legal Adviser and Advisor to several Director-Generals), the embryonic stages, conceptualizing and organizing the (broad) topic, getting authors on board, articulating the book proposal, managing changes – all with a view to locating the volume in the context of a rapidly changing international circumstances and crises.
This overview sets the stage for the broader framework into which the selected speakers fit when presenting their chapters. This panel can provide only a taste of the book, which includes a preface explaining the dedication to Francis Maupain, an introduction, and 31 chapters by 37 authors.
Part I of the book, on goals and challenges, starts by clarifying the idea of social justice in work, and explores a few critical dimensions of its global future. Part II focuses on international institutions and the future of global labour justice. Sections are devoted to the ILO, the WTO and the trade and labour nexus, along with selected other means involving public and private actors. The volume rounds off with a closer look at labour law itself, and the future of social justice.
The authors showcased as presenters at RDW8 address challenges from the national to the multilateral levels, including proposed solutions. They are:
Buying beyond our borders: Public procurement and labour rights in global supply chains, by Olga Martin-Ortega and Martina Trusgnach, both of the University of Greenwich, UK;
Peeling the onion: On choices judges make, by Guy Mundlak of Tel Aviv University, Israel (TBC; also on behalf of co-author, Judy Fudge, McMaster University, Canada); and
The resilience of multilateralism: An ILO introspection for a system-wide vision
Tomi Kohiyama, ILO Deputy Legal Adviser, and Thomas Lieby, ILO Legal Officer, both Switzerland),
followed by the discussant, Gabrielle Marceau of the WTO/University of Geneva.
The session will permit dialogue on the bigger picture issues into which any discussion of regulating decent work inevitably confronts.
Presentations of the Special Session
Buying Beyond our Borders: Public Procurement and Labour Rights in Global Supply Chains
Olga Martin-Ortega1, Martina Trusgnach2
1University of Greenwich, UK, 2University of Greenich, UK
The paper explores how to extend human and labour rights protection beyond borders, using public procurement of goods. It explores the historical relationship of public procurement and human rights as a regulatory tool, and highlights relevant aspects of the UNGPs, SDGs, ILO Convention No. 94, OSCE initiatives, due diligence legislation, and more. The study reflects on the state-business nexus needed for improvement of labour rights in supply chains.
Peeling the Onion: On Choices Judges Make
Guy Mundlak1, Judy Fudge2
1Tel Aviv University, Israel, 2McMaster University, Canada
The hurdles to successful transnational litigation in case of harm arising in relation to work are many. The authors dissect a number of relevant cases from various national jurisdictions and identify a set of legal doctrines that end up limiting access to remedy for persons having suffered harm. They propose alternatives and urge legally grounded boldness in judicial choices.
The Resilience of Multilateralism: An ILO Introspection for a System-wide Vision
Tomi Kohiyama, Thomas Lieby
ILO, Legal Department
The authors examine the causes of a crisis of confidence in international organizations and go on to encourage reforms for better results in relation to reducing inequalities, tackling climate change, protecting human rights and other aims. Taking the ILO with its universal treaty basis (the ILO Constitution) as a launching pad, the authors explore the unfinished business of labour regulation at the multilateral level. They draw on various strands in legal theory to identify ways to come to terms with coherence in multilateralism.
