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In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
The Maritime Labour Convention, 2006 (MLC, 2006), adopted by the International Labour Organization (ILO) in 2006, is the fourth pillar of the international maritime regulatory regime. It both fills a gap in the 1982 United Nations Convention on the Law of the Sea and complements the International Maritime Organization’s (IMO) core conventions on ship safety, & security, training and pollution prevention. Aimed at achieving both “decent work” for seafarers and fair competition for shipowners, the MLC, 2006 covers most aspects of maritime labour. It establishes an effective enforcement and compliance system with, for the first time, certification of seafarers’ working and living conditions on ships. With its interwoven labour and social rights and economic goals, the MLC, 2006 is an international legal instrument that will have a significant impact on approaches to labour standards in other globalized sectors. Co-authored by international law practitioners and scholars with combined expertise in the public international law of the sea, maritime law, international labour law, and, more specifically, direct involvement with the development of the MLC, 2006 over nearly a decade, The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime discusses the MLC, 2006 within the contexts of labour and maritime law. It also includes an appendix with the full Convention text (and notes). Additional documents cited in the work are also available on the International Labour Organization's website.
Gives an overview on national occupational safety and health (OSH) programmes and systems as well as on ways of promoting a safety culture. Includes the questionnaire requesting member States to provide their views concerning the scope and content of the possible OSH instrument. Lists relevant ILO Conventions and Recommendations.
Whether through gig work, remote work, or platforms such as Uber, new technologies are reshaping the very fabric of employment relations. This handbook offers a comprehensive, international overview of how institutions, countries, and legal systems are responding to the technological disruption of the work world. Chapters outline the reform agendas driven by the International Labour Organization and the European Union and detail the public policy debates, litigation, and legal reforms that technological innovation has triggered around the world. This volume provides a post-pandemic assessment of how digitalization is affecting employment and employment relations and contextualizes current technological disruption with a long-term view of how labour and employment law could evolve further.