This course considers international labour law from its origins to the 21st century challenges of decent work, as promoted in Sustainable Development Goal 8. 

The world of work has changed and continues to evolve. Today commentators ask: what is the future of work? And given the imbalance of power among States, corporations, communities and individuals; the decline of unions; and the weakness of civil society organizations and marginalised groups, one might ask why bother with international labour law? In this course students will be encouraged to think about these issues and, having established a solid understanding of the international rules and principles governing labour and work, will be invited to reflect critically on both the thinking and practice bearing on international labour law, including its relevance and effectiveness.

The course will focus on the breadth of world-of-work issues, an understanding of the impact (strengths and weaknesses) of the international rules and principles that address these issues, and critical appraisal of real case examples where international labour law has improved the lives of working women and men, and contributed to improved social and economic outcomes. It will deliver knowledge and hone skills regarding the fundamental substantive areas (echoing but not duplicating existing ANU courses on, for example, maritime law, migration, indigenous rights, health/OSH and social security). It will address process issues including who can and how do States and organizations lodge complaints of violations of international labour law, the methods used in monist and dualist States, remedies available, and how to track the impact of international labour law from the practical point of view.

The course will cover:

a. Definition, scope, origins and objectives of international labour law;

b. Role of the ILO: mandate, tripartite composition, structures, standard-setting, regular supervisory system (Committee of Experts on the Application of Conventions and Recommendations & Conference Committee on Labour Standards), complaints mechanisms (Committee on Freedom of Association; commissions of inquiry), successes (social protection, domestic workers’ rights) and shortcomings (the recent attacks on the right to strike, dismissal law & indigenous rights at work);

c. Relationship between ILO and UN treaty bodies (in particular the Committees on Economic, Social and Cultural Rights (CESCR), on the Rights of Child (CRC) and the CEDAW Committee as well as ECOSOC’s functional commissions (Statistical Commission and its work on indicators for decent work within the 230 SDG indicators, Commission on the Status of Women’s specific references to gender equality at work), and other multilateral institutions relevant to international labour law (World Trade Organization’s Ministerial Declarations on labour standards, G20 2015 Heads of State Outcome Document);

d. The four fundamental international labour standards (freedom of association-based on Conventions 87 & 98, non-discrimination-based on Conventions 100 & 111, forced labour-based on Conventions 29 and its Protocol & 105, child labour-Conventions 138 & 182) and related technical international labour law;

e. Interface between international labour law and social and economic development highlighting the role of international legal principles generally in the face of modern-day inequalities;

f. New areas of international labour law (including GBV at work, social protection reforms, labour rights of marginalised groups) and revamped mechanisms for implementing international labour law (possible UN treaty on business and human rights, including labour rights).