A Study On The Effectiveness Of The Supervision Mechanism Of The Implementation Of The ILO Convention

Since its founding in 1919,the International Labour Organization has promoted the implimentation of international labour standards as a means of achieving social justice.In the first 100 years,the ILO has undergone a series of historical changes,showing good resilience,and today it has the responsibility of creating a fair globalization.The effectiveness of the ILO supervision mechanism determines whether the ILO's purposes and objectives can be achieved.The first chapter elaborates on the history,the dilemmas,organization body and working methods of the ILO.Normative action and non-normative action are the tools for ILO to achieve its purposes and objectives,where the adoption,implementation and supervision of international labour standards is at the core.The second chapter discusses the effectiveness of the regular supervisory system,from the supervision of the implementation of reporting obligations and the conventions obligations by member states.The regular supervisory system has achieved great progress in promoting the implementation of reporting obligations by member states,but the relevant situation still needs to be improved.The expansion of the power of the CEACR has caused the problem of overloading of the regular supervisory system,which needs to be solved urgently.The ‘persuasion' of the CEACR,the ‘naming and shaming' of the CAS,the combination and complementarity of the two regular supervisory bodies,and the technical assistance actions of the Office ensure the compliance of the obligations of the conventions by member states.Cases of progress,preventive supervision carried out by the CEACR,and progress of the technical assistance from the Office demonstrate the effectiveness of the regular supervisory system.The third chapter discusses the interpretation of the conventions by CEACR.A serious conflict between CEACR and CAS broke out at the International Labour Conference in 2012,in which the employers' organizations representatives challenged the interpretation of the No.87 conventions by CEACR.The mandate of the interpretation of labour conventions of CEACR derives from the supervisory power of the implementation of the convention granted by the member states and is an implied power of the supervisory power.The interpretation of the No.87 convention by CEACR is in conformity with the provisions of the Vienna Convention on the Law of Treaties and is also consistent with the other ILO supervisory bodies,so it has legitimacy.The interpretation of the conventions by CEACR is a kind of non-authority interpretation,but it plays the role of “soft law” in practice and is increasingly “hardened” by the acceptance of international subjects other than ILO.The key to resolving the 2012 crisis is to reform the ILO's supervision mechanism and to reach consensus on the institutional arrangements among its three party members.The fourth chapter explores the effectiveness of the special supervision mechanisms.Although the utilization of the representations is not frequent,the work of the Tripartite Committee is satisfactory,but the representations are marginalized,the mode of actions needs to be strengthened,and the effectiveness is weakened.The utilization of the complaints is less frequent,but the work of the commission of inquiry has been proved very successful,mainly reflected in the ‘technical' working methods of the case to overcome the ‘political' factors of the case.The procedures of the COI are mandatory,as reflected in the first use of Article 33 of the Constitution in the Myanmar case,which demonstrates the success of the ‘carrot and stick' policy used by the ILO,although the application of Article 33 has legal obstacles and political obstacles.The Freedom of Association mechanism is the most frequently applied and most progressed procedures.It forms the principles and rules for the application of Conventions No.87 and No.98 on the basis of individual cases,which has led to the improvements of labour rights in many countries,but its working methods and procedures still need improvement.The fifth chapter discusses the factors that affect the effectiveness of the supervision mechanism,including the achievements and dilemmas of the tripartite mechanism,the complexity of the international labour standards system and the supervision mechanism.The tripartite mechanism is the basis for the function of the supervision mechanism and guarantees the institutional participation of employers' and workers' organizations in the work of the ILO and the interests of employers and workers at the domestic level.The end of the cold war has led to the loss of the consensus of the three parties as a political basis.The influence of globalization has broken the balance of power between the three parties.There are problems of universal representation and participation of NGOs in the new era.The complexity of the international labour standards system and the complexity of the supervision mechanism itself have also become two factors that hinder the effectiveness of the supervision mechanism.The multi-level and complementarity of the supervision mechanism is manifested in the interaction between the various procedures.How to coordinate the mutual relations of the supervisory mechanisms and ensure consistency is the future of reform of the supervision mechanism.