20: Incorporating ILO standards in domestic legislation and jurisprudence
This chapter examines the legislative and judicial incorporation of the International Labour Standards (ILS) adopted by the International Labour Organization (ILO) into domestic law, highlighting trends, challenges and opportunities. It considers how the integration of international human rights law...
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| Main Authors: | , |
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| Formato: | Online |
| Idioma: | inglés |
| Publicado: |
Edward Elgar Publishing
2026
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| Subjects: | |
| Acceso en liña: | https://directory.doabooks.org/handle/20.500.12854/176542 |
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| Summary: | This chapter examines the legislative and judicial incorporation of the International Labour Standards (ILS) adopted by the International Labour Organization (ILO) into domestic law, highlighting trends, challenges and opportunities. It considers how the integration of international human rights law into domestic legal systems has facilitated ILS domestication and how the multiplication of actors at regional and international levels can influence the incorporation of ILO standards, even outside formal ratification processes. The chapter also reviews the role of the International Labour Office in supporting such processes. Overall, it concludes that while legislative incorporation remains crucial, the judiciary plays an increasingly significant role in ensuring the alignment of domestic legal orders with ILS, including through increasing consideration of the ILO supervisory bodies’ comments. However, the growing complexity of international law poses risks of fragmentation, necessitating the ILO mobilizing all its tools to effectively ensure the continued influence of its normative instruments. |
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