Final Prep 3 Flashcards
What are the main sources of international labour law?
Customary international law, Treaties and conventions (e.g. ILO Conventions), Recommendations from international bodies, Tribunal decisions (e.g., ILO Administrative Tribunal), Regional/bilateral trade agreements
How does international law differ from national law?
No central legislative body, No universal enforcement mechanism, Relies on voluntary compliance and treaties, Jurisdiction is limited and decentralized
What is the ILO and when was it founded?
The International Labour Organization, founded in 1919, is a UN agency that promotes labour rights and social justice globally.
What makes the ILO unique among UN agencies?
It’s the only UN agency with a tripartite structure: it includes representatives from governments, employers, and workers.
Where is the ILO headquartered and how many member states does it have?
Geneva, Switzerland, 187 member states, including Canada (a founding member)
What are the three main organs of the ILO?
International Labour Conference (ILC), Governing Body (GB), International Labour Office (ILO Secretariat)
What does the International Labour Conference (ILC) do?
Adopts Conventions and Recommendations, Approves ILO budget, Reviews implementation reports, Serves as a global policy forum on labour issues
What is the composition of ILC representation per member state?
2 Government reps, 1 Employer rep, 1 Worker rep
What is the ILO’s Governing Body and what does it do?
The executive body that sets policy, elects the Director-General, adopts the draft budget, and oversees operations.
Who leads the ILO, and how long is the term?
The Director-General, elected by the GB for a 5-year term (currently Gilbert Houngbo since 2022).
What are ILO Conventions?
Legally binding treaties adopted by the ILC. States must ratify to be bound.
What are ILO Recommendations?
Non-binding guidelines that either supplement Conventions or address emerging issues not yet regulated.
Name five fundamental ILO Conventions.
C029 – Forced Labour Convention, C087 – Freedom of Association, C098 – Collective Bargaining, C100 – Equal Remuneration, C111 – Discrimination (Employment and Occupation)
What is the ILO 1998 Declaration on Fundamental Principles and Rights at Work?
A non-binding resolution that requires all ILO members to respect core labour rights, even if they haven’t ratified related Conventions.
What are the five rights covered by the 1998 Declaration?
Freedom of association/collective bargaining, Elimination of forced labour, Abolition of child labour, Elimination of discrimination, Safe & healthy working environment (added in 2022)
What are examples of Canada’s ILO commitments?
Canada has ratified over 35 ILO Conventions, including 9 of the 10 fundamental ones (except C155 on OSH).
What role do trade agreements play in enforcing labour rights?
Modern trade deals (like CUSMA, CETA, CPTPP) contain labour chapters that promote ILO standards and prohibit weakening labour laws to gain trade advantages.
What is Chapter 23 of the CUSMA (USMCA) agreement?
A comprehensive labour chapter that: Protects ILO-recognized rights, Bans import of goods made with forced labour, Requires protection of migrant workers, Ensures occupational health and safety
What is CETA and how does it treat labour rights?
Canada-EU agreement that promotes high labour standards and ILO principles, but has a soft enforcement mechanism—no trade sanctions.
What is the CPTPP and how does it handle labour law?
Pacific trade pact including Canada and 10 other nations. Chapter 19 covers: Bans on forced/child labour, Cooperation on labour standards, CSR promotion and public transparency, Labour council oversight
What is the purpose of Canada’s bilateral labour agreements (e.g. with Honduras, Peru)?
To support the Decent Work Agenda and ILO Declaration standards, ensure effective labour law enforcement, and prevent backsliding for trade gains.
