International labour rights: legitimising the international legal order?

Dukes, R. (2017) International labour rights: legitimising the international legal order? University of Toronto Law Journal, 67(4), pp. 544-568. (doi: 10.3138/utlj.67.4)

134430.pdf - Accepted Version



This article considers the role of international labour rights in an era of globalization. It begins from Patrick Macklem’s definition of that role in terms of providing the international legal order with a measure of normative legitimacy. It then interrogates the relationship between sovereignty and international labour rights in an era of globalization, highlighting the particular significance, in this context, of the voluntary surrender by nation states of elements of their sovereignty. It questions whether Macklem has given due consideration to this phenomenon and to its consequences for the rights and interests of workers and whether, therefore, he has succeeded in providing an account of international labour rights that is at once descriptive and normative, as he intends it to be. Having drawn attention to the limitations of international labour rights, the article concludes by commenting briefly on the desirability of a body of transnational labour law, of which international labour law would form only one part.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Dukes, Professor Ruth
Authors: Dukes, R.
College/School:College of Social Sciences > School of Law
Journal Name:University of Toronto Law Journal
Publisher:University of Toronto Press
ISSN (Online):1710-1174
Copyright Holders:Copyright © 2017 University of Toronto Press
First Published:First published in University of Toronto Law Journal 67(4):544-568
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

University Staff: Request a correction | Enlighten Editors: Update this record