International Humanitarian Law Essay
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International humanitarian law: a universal code - The Laws Of War
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The ILO has state members. To gain membership, a nation must inform the director-general that it accepts all the obligations of the ILO constitution. Through July , the ILO had adopted conventions. If these conventions are ratified by enough governments, they come in force. However, ILO conventions are considered international labour standards regardless of ratification. When a convention comes into force, it creates a legal obligation for ratifying nations to apply its provisions.
Every year the International Labour Conference's Committee on the Application of Standards examines a number of alleged breaches of international labour standards. Governments are required to submit reports detailing their compliance with the obligations of the conventions they have ratified. Conventions that have not been ratified by member states have the same legal force as recommendations. This declaration contains four fundamental policies: [21]. The ILO asserts that its members have an obligation to work towards fully respecting these principles, embodied in relevant ILO conventions.
The ILO conventions that embody the fundamental principles have now been ratified by most member states. This device is employed for making conventions more flexible or for amplifying obligations by amending or adding provisions on different points. Protocols are always linked to Convention, even though they are international treaties they do not exist on their own. As with Conventions, Protocols can be ratified. Recommendations do not have the binding force of conventions and are not subject to ratification. Recommendations may be adopted at the same time as conventions to supplement the latter with additional or more detailed provisions. In other cases recommendations may be adopted separately and may address issues separate from particular conventions.
While the ILO was established as an agency of the League of Nations following World War I , its founders had made great strides in social thought and action before The core members all knew one another from earlier private professional and ideological networks, in which they exchanged knowledge, experiences, and ideas on social policy. Prewar " epistemic communities ", such as the International Association for Labour Legislation IALL , founded in , and political networks, such as the socialist Second International , were a decisive factor in the institutionalization of international labour politics.
In the post—World War I euphoria, the idea of a "makeable society" was an important catalyst behind the social engineering of the ILO architects. As a new discipline, international labour law became a useful instrument for putting social reforms into practice. The utopian ideals of the founding members—social justice and the right to decent work—were changed by diplomatic and political compromises made at the Paris Peace Conference of , showing the ILO's balance between idealism and pragmatism. Over the course of the First World War, the international labour movement proposed a comprehensive programme of protection for the working classes, conceived as compensation for labour's support during the war.
In Great Britain, the Whitley Commission , a subcommittee of the Reconstruction Commission, recommended in its July Final Report that "industrial councils" be established throughout the world. As the war drew to a close, two competing visions for the post-war world emerged. The Bern meeting would consider both the future of the IFTU and the various proposals which had been made in the previous few years.
Samuel Gompers , president of the AFL, boycotted the meeting, wanting the Central Powers delegates in a subservient role as an admission of guilt for their countries' role in the bringing about war. Despite the American boycott, the Bern meeting went ahead as scheduled. In its final report, the Bern Conference demanded an end to wage labour and the establishment of socialism. If these ends could not be immediately achieved, then an international body attached to the League of Nations should enact and enforce legislation to protect workers and trade unions. Meanwhile, the Paris Peace Conference sought to dampen public support for communism.
Subsequently, the Allied Powers agreed that clauses should be inserted into the emerging peace treaty protecting labour unions and workers' rights, and that an international labour body be established to help guide international labour relations in the future. The advisory Commission on International Labour Legislation was established by the Peace Conference to draft these proposals. The Commission met for the first time on 1 February , and Gompers was elected as the chairman. Two competing proposals for an international body emerged during the Commission's meetings.
The British proposed establishing an international parliament to enact labour laws which each member of the League would be required to implement. Each nation would have two delegates to the parliament, one each from labour and management. Philosophically opposed to the concept of an international parliament and convinced that international standards would lower the few protections achieved in the United States, Gompers proposed that the international labour body be authorized only to make recommendations, and that enforcement be left up to the League of Nations. Despite vigorous opposition from the British, the American proposal was adopted. Gompers also set the agenda for the draft charter protecting workers' rights.
The Americans made 10 proposals. Three were adopted without change: That labour should not be treated as a commodity; that all workers had the right to a wage sufficient to live on; and that women should receive equal pay for equal work. A proposal protecting the freedom of speech, press, assembly, and association was amended to include only freedom of association. A proposed ban on the international shipment of goods made by children under the age of 16 was amended to ban goods made by children under the age of A proposal to require an eight-hour work day was amended to require the eight-hour work day or the hour work week an exception was made for countries where productivity was low.
Four other American proposals were rejected. Meanwhile, international delegates proposed three additional clauses, which were adopted: One or more days for weekly rest; equality of laws for foreign workers; and regular and frequent inspection of factory conditions. The Commission issued its final report on 4 March , and the Peace Conference adopted it without amendment on 11 April. At the time of establishment, the U. Following the election of Franklin Delano Roosevelt to the U. On 19 June , the U. Congress passed a joint resolution authorizing the president to join ILO without joining the League of Nations as a whole. On 20 August , the U. Winant made the decision to leave Geneva. Forty staff members were transferred to the temporary offices and continued to work from McGill until The ILO became the first specialized agency of the United Nations system after the demise of the league in Beginning in the late s the organization was under pressure to make provisions for the potential membership of ex-colonies which had become independent; in the Director General's report of the needs of the potential new members were first recognized.
However, the funds were eventually paid. Representatives of the United States and Israel walked out of the meeting. The U. House of Representatives subsequently decided to withhold funds. The United States gave notice of full withdrawal on 6 November , stating that the organization had become politicized. The United States also suggested that representation from communist countries was not truly " tripartite "—including government, workers, and employers—because of the structure of these economies.
The withdrawal became effective on 1 November The United States returned to the organization in after extracting some concession from the organization. It was partly responsible for the ILO's shift away from a human rights approach and towards support for the Washington Consensus. Economist Guy Standing wrote "the ILO quietly ceased to be an international body attempting to redress structural inequality and became one promoting employment equity".
In , the government of Poland declared martial law. During that same year, there was a roundtable discussion between the government and Solidarnoc which agreed on terms of relegalization of the organization under ILO principles. The government also agreed to hold the first free elections in Poland since the Second World War. In its first months of existence in , it offices were located in London, only to move to Geneva in the summer The first seat in Geneva was on the Pregny hill in the Ariana estate, in the building that used to host the Thudicum boarding school and currently the headquarters of the International Committee of the Red Cross.
As the office grew, the Office relocated to a purpose-built headquarters by the shores of lake Leman , designed by Georges Epitaux and inaugurated in currently the sear of the World Trade Organization. The current seat of the ILO's headquarters is located on the Pregny hill, not far from its initial seat. The ILO is a major provider of labour statistics. Labour statistics are an important tool for its member states to monitor their progress toward improving labour standards.
As part of their statistical work, ILO maintains several databases. KILM covers 20 main indicators on labour participation rates, employment, unemployment, educational attainment, labour cost, and economic performance. Many of these indicators have been prepared by other organizations.
