Between Soft and Hard Law: The Impact of International Social Security Standards on National Social Security Law
For comparative purposes, five countries the United Kingdom,
France, Germany, Spain, and the Netherlands - are studied in depth.
Among the points of discussion that arise are the following: the
social dumping that results from distortion of competition; the
ILO's supervision procedures; protection of international
migrant workers; temporary exceptions for developing countries; and
the possibility of modernising texts of older conventions. A useful
annex reprints the texts of the ILO Constitution and the so-called
up-to-date conventions pertaining to social security which are
currently being promoted for ratification by the ILO. At a time
when the very meaning of such terms as work and social security is
being challenged by prevailing economic and political forces, this
full-scale reappraisal of a body of international law that,
although soft, has had a pronounced positive effect on the progress
of social justice is to be welcomed. It is well worth the close
attention of government policymakers and regulators, company
lawyers, and interested academics everywhere.
Whether or not we ever attain universal social justice, there can
be little doubt that the international community has set meaningful
standards, and that significant progress has been made over the
last century. The leading standard-setter throughout this period
has been the International Labour Organisation (ILO), with its
nearly 200 conventions on labour law and social security law. Yet
it is often asked: how effective are these standards? Do any lLO
Member States actually offer (to quote the Philadelphia Declaration
of the ILO Conference of 1944) -social security measures to provide
a basic income to all in need of such protection and comprehensive
medical care?- Perhaps not, but some come close, thanks to the
application of ILO standards.
This much-needed volume is the first detailed analysis of the legal
meaning of ILO conventions within the ratifying Member States. In
unprecedented depth a panel of distinguished authorities explores
the role of ILO conventions in preparing and amending national
legislation, in parliamentary debate, and in national case law. For
comparative purposes, five countries-the United Kingdom, France,
Germany, Spain, and the Netherlands-are studied in depth. Among the
points of discussion that arise are the following:
the -social dumping- that results from distortion of competition;
the lLO-s supervision procedures; protection of international
migrant workers; temporary exceptions for developing countries; and
the possibility of rnodernising texts of older conventions.
A useful annex reprints the texts of the lLO Constitution and the
so-called -up-to-date- conventions pertaining to social security
which are currently being promoted for ratification by the
ILO.
At a time when the very meaning of such terms as -work- and -social
security- is being challenged by prevailing economic and political
forces, this full-scale reappraisal of a body of international law
that, although -soft,- has had a pronounced positive effect on the
progress of social justice is to be welcomed. It is well worth the
close attention of government policymakers and regulators, company
lawyers, and interested academics everywhere.
