In the context of economic globalisation, the unequal distribution of wealth among nations often leads to infringe fundamental workers' rights, so that it has become a major concern for politicians, scholars, jurists and NGOs. Therefore the question is how the social market can be regulated today. The ILO is the first international organisation that has dealt with workers' rights, especially fundamental rights, its goal being to protect workers universally. If its legitimacy had been unquestioned for years, it is shattered by external economic factors today: state's loss of power in regulating social relations, the emergence of new political counterbalances on the international scene---unknown by international public law---and self-governance by social labels or codes of conducts. The author will attempt, by a critical appraisal, to demonstrate that the ILO has its own constitutional and logistical means to implement fundamental workers' rights efficiently and independently: union freedom and collective negotiation, prohibition of hard labour, prohibition of child labour, prohibition of discrimination. According to the author, the ILO is undergoing an institutional transition. The latter is adapting to the new economic context. In Geneva centralised procedures are still very centralised but they are in the same time counterweighted by local actions or soft procedures. These more flexible and discrete procedures are the keystone of the ILO system of supervision to implement fundamental rights. Finally it is relevant to have a look at regional organisations which deal with those fundamental rights, as they have a special role in implementing the ILO fundamental rights.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.34013 |
| Date | January 2001 |
| Creators | Tenailleau, Marie Amelie. |
| Contributors | Sheppard, Colleen (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001863278, proquestno: MQ79115, Theses scanned by UMI/ProQuest. |
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