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Taking Account of Human Values in the International Economic Legal Order: Law and the Legal Counsel In The International Labour Organization

Human labour is a key factor in international economic activity yet international labour standards are typically considered to be outside the realm of international economic law (IEcL). This disregard persists even though international labour standards aim to enhance economic activity by increasing jobs and productivity, and improving wages and working conditions to raise standards of living. Despite differing means of action, the ultimate aims of the International Labour Organization (ILO) converge in significant respects with those of primary IEcL institutions like the International Monetary Fund, World Bank and World Trade Organization. The ILO has continuously adapted its mandate and ways of functioning to meet the challenges presented by changes in economic and social policies at national and international level. Thus, upon the advent of the institutional and legal order dedicated to financial and economic relations, the ILO affirmed its central aim within the international economy: to safeguard human dignity and well-being. It also stressed the value of pursuing consistency and coherence of this aim with economic and financial policies at national and international levels in order to serve the common objectives of the inter-institutional architecture. The use of law to strengthen ILO action offers guiding principles for the ongoing development and implementation of IEcL. The unique public-private methods used to develop and apply international labour standards present lessons relevant to challenges facing IEcL, in particular to ensure legitimacy and respond to business actors. The impact of law on the nature and functioning of the ILO is highlighted through the action of the ILO legal counsel in three respects: 1) as guardian of the rules and practices that safeguard the ILO’s genuine tripartite character which is essential for setting and overseeing national application of international labour standards; 2) as innovator of unique aspects of the international labour code which is ratified without reservations by States, and given priority parliamentary review; and 3) as intermediary in designing a membership-based minimum threshold of core labour standards that operates as a source of soft law relevant to developments in IEcL institutions and inter-State economic transactions. A closer integration between IEcL and ILO law promises a normative and inter-institutional potential to effectively achieve the goals common to both realms of international law.