Abstract

Abstract:

This article considers the role of international labour rights in an era of globalization. It begins from Patrick Macklem’sdefinition of that role in terms of providing the international legal order with a measure of normative legitimacy. It then interrogates the relationship between sovereignty and international labour rights in an era of globalization, highlighting the particular significance, in this context, of the voluntary surrender by nation states of elements of their sovereignty. It questions whether Macklem has given due consideration to this phenomenon and to its consequences for the rights and interests of workers and whether, therefore, he has succeeded in providing an account of international labour rights that is at once descriptive and normative, as he intends it to be. Having drawn attention to the limitations of international labour rights, the article concludes by commenting briefly on the desirability of a body of transnational labour law, of which international labour law would form only one part.

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Additional Information

ISSN
1710-1174
Print ISSN
0042-0220
Pages
pp. 544-568
Launched on MUSE
2017-11-10
Open Access
No
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