(Re)thinking the International Labour Law: International Labour Standards, Regulatory Strategy and Universality

Abstract

In 2020, for the first time in the history of the International Labour Organization (ILO), we sighted the universal ratification of a Convention, that is, the ratification by all 187 Member States of the Organization. The C182—Convention of Worst Forms of Child Labour (1999) is identified as a fundamental Convention because it refers to one of the fundamental labour rights identified at ILO Declaration on Fundamental Principles and Rights at Work (1998). This Declaration, despite having been immersed in intense debates on the regulatory option adopted by the ILO (soft law), spelled out a list of fundamental rights and principles at work, approaching to the grammar of human rights. In this sense, it is possible to understand that Convention No. 182, since it is fundamental, already had a prominent role. However, universal ratification presents itself as opportune and strategic, especially when it formalizes the commitment of States to the observance of the parameters presented in the respective international labour standard. Thus, using the deductive method (Lakatos, Marconi 2003) and the bibliographic and the documentary research techniques, the study is going to analyse the importance of universalizing international labour standards for International Labour Law. ASJC: 3308, JEL: K31