The European Journal of International Law Vol. 20 no. 3 © EJIL 2009; all rights reserved
New Foundation or New Façade? The ILO and the 2008 Declaration on Social Justice for a Fair Globalization
* Former ILO Legal Adviser. The views expressed in this article are those of the author. He wishes to express his warm gratitude to Steve Charnovitz, Brian Langille, Alain Supiot, Marie-Ange Moreau, as well as to many other colleagues or former colleagues, in particular Dominick Devlin, for their invaluable comments/contributions, as well as to Jean Perlin and Liam Mc Hugh Russell for their help in editing the final English version. Email: maupain{at}ilo.org
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Abstract |
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The 2008 Declaration on Social Justice for a Fair Globalization was the first attempt since the end of World War II to reformulate the ILO's message. The strain placed on the ILO's core normative functions by globalization made it indispensable. The object of the Declaration is thus first to restate the ILO's mandate and objectives to highlight their relevance to the current context. This message contains three major innovations: a strategic, proactive presentation of the mission around four core objectives; the affirmation of the inseparability of those objectives; and the strengthening of the status of the fundamental principles and rights at work vis-à-vis trade liberalization. In addition, and unlike the post-World War II Declaration of Philadelphia, the 2008 Declaration introduces various procedural innovations to translate these approaches into concrete action by the ILO and its members, and increase the Organization's influence on relevant non-state actors. For the Declaration's potential to be realized, the ILO's analytical capacity must be strengthened, requiring a reshuffling of priorities or additional resources. The current crisis may help achieve this otherwise unlikely prospect.