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Private Actors as Transnational Regulators: The Case of Freedom of Association
Industrial Law Journal ( IF 1.0 ) Pub Date : 2019-08-19 , DOI: 10.1093/indlaw/dwz015
Maayan Menashe

" This article examines whether content of international public norms is significantly altered when embedded in transnational private labour regulations (TPLR); and, if it is, whether these alterations enrich or weaken the effect of these norms. Through a case study of freedom of association as regulated in five major TPLR initiatives, this research pursues a textual analysis of TPLR generated norms, to evaluate their content and to assess the nature of any modifications of international labour law norms. The findings reveal that although TPLR instruments are generally perceived as merely implementing internationally accepted norms, they in fact have a substantial norm-generating role, actively shaping the content of the norms they apply. The evidence further indicates that private actors can contribute to the design of innovative norms. At the same time, it was found that corporations had in several instances exerted negative influences over freedom of association norms and that when additional actors participated in the regulatory process, this right was better fulfilled. In addition, although meaningful participation of public actors in private regulatory initiatives was found to effectively prevent the undermining of the right to freedom of association, global union federations were less successful in this regard."

中文翻译:

作为跨国监管者的私人行为者:结社自由案例

同时,发现公司在一些情况下对结社自由规范产生了负面影响,当更多的参与者参与监管过程时,这项权利得到了更好的实现。此外,虽然发现公共行为者有意义地参与私人监管举措可以有效防止对结社自由权的损害,但全球工会联合会在这方面不太成功。”
更新日期:2019-08-19
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