Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The purposes of international labour law are often misunderstood, so too the role of the International Labour Organization (ILO). This paper suggests that this point can be captured and explicated, as the title suggests, by reminding international labour lawyers of two fundamental points. This suggestion is based upon an examination of the currently dominant account of international labour law and showing how it makes the errors of which the title reminds us.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: ILO-Convention No. 169 is the only legally binding instrument that distinctly concerns itself with indigenous peoples? rights. The Convention aims at protecting indigenous peoples and their cultures and languages from vanishing with special actions by the governmental authority. However, this Convention has its limitations because as of now it is only ratified by 17 countries. My dissertation examines the recognition and implementation of ILO-Convention from the perspectives of international politics and international law with a comparative approach to Nordic countries of which Norway and Denmark have ratified the Convention, while Sweden and Finland are considering it. The comparison to Australia would be valuable both theoretically and empirically. The dissertation will consist of four articles with several common denominators; the concepts of land [rights], culture, environment, identity and power [politics]. The research has a multidisciplinary approach by using the methods of political sciences and international law by examining the role of state treaties and the preliminary works of law as sources of law making. The discourse and rhetorical analysis are relevant methods to express the situation in the Nordic countries, where the national law-making processes related to land and water rights have been strongly influenced by political debate. In relation to the Convention questions about ?indigenousness?, the construction of the ?Saami? and ?Sápmi? are relevant, but still remaining open and unclear concepts. The conflicts between states and indigenous peoples related to land rights could be seen as disagreements of different values and means, and as a battle of power. The study also emphasises the role of indigenous peoples as important actors among the states, since the new world order has changed the agenda of international system. The study has a constructivist approach, which also refers to international conventions as socially constructed regimes, where for example economic rationality cannot be divorced from political realities. For states the areas occupied by indigenous peoples form usually an important part of their (natural) resources. Keywords: Treaty interpretation, constructivism, human rights, sovereignty, self-determination

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The year 2009 marks the 90th anniversary of the International Labor Organization (ILO). With the end of the Cold War, its two enduring dilemmas of reconciling sovereignty with international legal obligations, and international regulation of labor with economic interests, are more visible than ever. As innovative as they might be, the ILO’s recent attempts to solve these dilemmas might be drifting it into uncharted waters. This paper identifies three hidden dangers: First, the ILO’s emphasis on the use of soft law creates rival centers of standard-setting. To avoid competition with CSR initiatives, the ILO has to re-assert its authority as the pivotal organization in the field of labor standards. Second, there is a visible broadening in the ILO’s mission to include new issues ranging from HIV/AIDS to developmental aid. Although it is important to address the underlying causes of labor problems instead of just the symptoms, the ILO now faces a danger of losing its identity as a labor organization when it needs it the most. Third, the ILO’s continuing proliferation of standards to meet newer challenges overlooks the problem of unratified or outdated Conventions, nor does it address the situation of informal workers not covered by legal protections.

Supporting Publications:
Supporting Document

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Globalization has placed great strains on the myriad institutions of global governance, giving rise to several new debates. The increasing prominence of democratic values at the international level centers one such debate on inclusiveness - the need to diversify the interests represented in global governance. A common presmise equates “more interests” with “more groups”, i.e. the need for inclusiveness is often translated into a demand to constantly add new shareholders to global governance. New governance theories, with their emphasis on inclusion, go further and advocate constant “reshuffling” of civil society groups and the categories of interests included, according to the issue at hand. The article questions this premise, drawing on the experience of the International Labor Organization (ILO), the organization that has had the longest and deepest engagement with civil society groups. In particular, the article offers a thick analysis of recent transformations in the ILO’s Credentials Committee, and the debates surrounding the ILO’s tripartite structure. The crux of the argument is that the new governance theories’ approach overlooks the importance of stability. Stability is crucial in order to promote appropriate internal functioning of civils society groups (which, in turn, promotes representation), and for enabling deep deliberation on the international level. I defend what is perhaps a counterintuitive claim, according to which diversifying interests in global governance should commence with deepening deliberation mechanisms, and that such an emphasis on stability is more coherent with a fluid conception of the self.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Sri Lanka is a country with a thousand years of history regarding textile industry (TI). In 1977 Sri Lanka liberalized economic policies to attract foreign investments in order to develop infrastructure, solve un-employment crisis and face globalization. Investors invested their capital with cheap labor and incentives to minimize the production cost but disregarded their social responsibilities. The majority workers who are engaged in TI are women as well as semi skilled due to the un-employment crisis and economic pressure. Even though Sri Lanka has signed around 40 International Labor Law Conventions, labor law violation in TI is a critical issue especially in free trade zones (FTZ). Sri Lanka has adopted the Dispute Settlement Act of 1950 and the Trade Unions Ordinance No. 14 of 1935 in order to guarantee the rights of freedom of associations and collective bargaining. In reality, employees are prevented from formation of trade unions and restricted from participation in trade union activities. Board of Investment Guidelines of Sri Lanka influence foreign and domestic textile industry employers to violate labor laws against workers. Especially female workers are restricted to complain against workplace discrimination, sexual harassment and unfair labor practices to the judiciary. FTZ women workers are demanded to sacrifice their legal rights and social benefits in order to save their job. Therefore, this paper will discuss how far labor law violations adversely affect the ILO standards and why the existing labor laws are non-effective to guarantee ILO standards and social benefits especially to woman workers.