《CONSTITUTIONAL LAW AND PRACTICE IN THE INTERNATIONAL LABOUR ORGANISATION》

Chapter Ⅰ:General Introduction1

1.Purpose and scope1

2.Historical background3

3.The legal character of the ILO5

4.The concept of implied powers of international organisations8

5.The political character of the ILO9

(a)The political groups10

(b) The regional groups11

(c) The representative groups12

Chapter Ⅱ:Membership in the ILO15

1.Introduction15

2.Acquisition of membership in the ILO16

(a)Acquisition of membership of the ILO by members of the United Nations16

(b) Acquisition of membership of the ILO by non-members of the United Nations18

(c)Legal problems concerning admission to membership in the ILO19

(i) Acceptance of the obligations of membership19

(ii) The concept of "state" for purposes of membership in the ILO22

(iii) Nature of obligations of membership in the ILO25

(iv) Admission to membership as evidence of collective recognition of the entity as "state"26

(v) The relevance of political considerations on admission to membership in international organisations28

3.Withdrawal from membership30

(a)Withdrawal of South Africa from the ILO31

(i) Effective date of the withdrawal of South Africa from the ILO33

(ii) Liability of South Africa to discharge its constitutional obligations after "notice" of withdrawal34

(b) Withdrawal of the United States of America from the ILO35

4.Re-admission of withdrawn members in the ILO38

5.Inactive members of the ILO39

6.Suspension and expulsion from membership in the ILO40

(a)Suspension and expulsion in the absence of express constitutional provisions42

(b) The compatibility of expulsion with the concept of "universality" and the objects and purposes of international organisations46

7.Conclusion47

Chapter Ⅲ:Representation in the ILO49

1.Introduction49

2.The concept of "universality" in the ILO50

3.The principle of tripartism in the ILO52

4.Credentials of delegates and advisers55

(a)Receivability of objections55

(b) Objections to the credentials of the workers delegation of Chile,1978:receivability57

(c)The substance of objections to credentials59

(i)Invalidation of credentials of government delegates and advisers61

Objections to the credentials of the government delegate of Hungary,1957-5862

(ii)Invalidation of the credentials of non-government delegates and advisers65

Objections to the nomination of the employers'delegates and advisers of the USSR,Bulgaria Byelorussia SSR,Czechoslovakia,Hungary,Poland,and Ukrainian SSR,195466

5.Observers at the International Labour Organisation68

(a)Non-member states68

(b)Non-governmental international organisations69

(i) Non-governmental organisations with consultative status with the ILO69

(ii) Non-governmental organisations without consultative status72

(c) Governmental international organisations73

(d) National liberation movements74

6.Conclusion77

Chapter Ⅳ:The structure of the ILO79

1.Introduction79

2.The International Labour Conference81

(a)Functions and powers of the International Labour Conference81

(b) Composition of the International Labour Conference81

(c)Meetings of the Conference82

(i) Periodicity of meetings of the Conference82

(ii) The agenda for the meetings of the Conference83

(iii) The officers of the International Labour Conference84

(iv) The quorum rule of the International Labour Conference85

(v)Proceedings at the Conference89

The power of the president to accord or withdraw the right to speak90

Freedom of speech,use of parliamentary language,and the immunities accorded to delegates,during the proceedings of the Conference91

(vi) Committees of the International Labour Conference93

(d)Voting at the plenary sitting of the Conference94

(i)Voting at the plenary sitting of the Conference95

Record votes at the Conference95

Secret ballot votes at the Conference98

(ii) Voting in committees of the International Labour Conference100

3.The structure of the Governing Body102

(a)Functions and powers of the Governing Body102

(b)Composition of the Governing Body103

(i)Government members of the Governing Body103

Selection of the members of chief industrial importance-non-elective members103

Government members of the Governing Body selected through elections107

(ii) Election of the non-government members of the Governing Body108

(iii) Deputy and substitute members of the Governing Body109

(c)Proceedings of the Governing Body110

(i) Term of office of the Governing Body110

(ii) Meetings of the Governing Body110

(iii) Agenda for the meetings of the Governing Body111

(iv) The Officers of the Governing Body111

(v) The Quorum for the Governing Body Meetings113

(vi) Committees of the Governing Body114

(d) Voting in the Governing Body of the International Labour Office114

4.The Director-General of the ILO116

(a)The functions of the Director-General of the ILO116

(b) Appointment and removal of the Director-General of the ILO116

(c) The legal status of the Director-General120

5.The International Labour Office122

6.The regional structure of the ILO123

7.Special problems of structure in the ILO124

(a)The relationship between the Governing Body and the International Labour Conference127

(b) The composition of the Government Group in the Governing Body129

(c) The composition of the non-government groups in the Governing Body132

(d) Amendments to the ILO Constitution136

(e) Resolutions procedure138

8.Conclusion141

Chapter Ⅴ:The exercise of the legislative FUNCTION IN THE ILO143

1.Introduction143

2.The nature and characteristics of international labour standards145

(a)The necessity for international labour standards145

(b) The nature of international labour standards adopted by the ILO146

(c) Flexibility of Conventions147

3.Procedure for the adoption of Conventions148

(a)Double-discussion procedure150

(b) Single-discussion procedure151

4.Ratification,entry into force,reservations and declarations,denunciations,and revision of Conventions152

(a)Ratification of Conventions152

(b) Entry into force of Conventions154

(c) Reservations and Declarations154

(d) Denunciations156

(e) Revision of Conventions157

5.Obligations arising from International Labour Conventions158

(a)Obligations of members of the ILO with respect to unratified Conventions158

(i) Submission of a Convention to the "compentent" authorities158

(ii) Reports on unratified Conventions160

(b)Obligations of members of the ILO with respect to ratified Conventions161

(i) Obligation of members of the ILO to give effect to ratified Conventions161

(ii) Obligation to submit reports on ratified Conventions164

6.Conclusion165

Chapter Ⅵ:The exercise of the executive function in the ILO169

1.Introduction169

2.Initiation and formulation of policies in the ILO169

(a)The initiation and formulation of the World Employment Programme in the ILO171

3.Implementation of International Labour Conventions(and recommendations) adopted by the ILO171

(a)Action against a member for failure to bring an International Labour Convention or recommendation before the competent national authority172

(b) The committee of experts on the application of Conventions and recommendations173

(c)Conference committee on the application of Conventions175

(i) Problem of the "special list" of the Conference committee175

(d)Special procedures on freedom of association177

(i) The Governing Body committee on freedom of association178

(ii) The Fact-Finding and conciliation committee on freedom of association179

(e) Contentious proceedings182

(f) Other measures182

4.Implementation of judicial decisions183

(a)Decisions concerning the interpretation of the ILO Constitution and International Labour Conventions183

(b) Decisions of a commission of inquiry or the International Court of Justice on complaints made against Member States185

5.Implementation of resolutions adopted by the International Labour Conference186

(a)Resolution concerning or regulating the internal administration,structure and procedures of the ILO187

(b) Resolutions addressed directly to Member States188

(c)Nature of action taken to implement resolutions of the Conference189

(i) Resolution concerning migrant workers,adopted by the Conference at its 64th Session,1979189

(ii) Implementation of the resolution concerning the situation of Arab workers in the occupied Arab territories,1974190

(d) Supervision of the implementation of resolutions of the International Conference193

6.Conclusion194

Chapter Ⅶ:The exercise of the judicial function in the International Labour Organisation197

1.Introduction197

2.The interpretation of the ILO Constitution198

3.Interpretation of International Labour Conventions204

(a)Interpretation of Conventions by the International Court of Justice204

(b) Interpretation of Conventions by tribunals206

(c) Interpretation of Conventions by the International Labour Office206

4.Settlement of disputes in the ILO210

(a)Representations against Members of the ILO210

(i) Receivability of representations212

(ii) Reference of representations to a committee212

(iii)Consideration of representations by the Governing Body213

Representation against governments of the EEC Countries,Members of the ILO,1976215

Representation against Czechoslovakia,1977217

Representation against Nicaragua,1981219

(b)Complaints against Members of the ILO221

(i) Initiation of complaints221

(ii)Determination of complaints225

Appointment of a commission of inquiry226

Composition of a commission of inquiry227

Procedure of a commission of inquiry228

Jurisdiction of a commission of inquiry229

Development of law and precedent231

Binding effect of recommendations of a commission of inquiry233

Appeals against recommendations of a commission of inquiry234

5.Conclusion234

Chapter Ⅷ:General conclusions237

Bibliography243

Index259