A Second Century for What?

Abstract

The question examined in this article is whether, as it engages in its second century, the ILO remarkable resilience will lead it to face the challenge of its “regulatory” raison d’être in a context where the uneven social impact of globalisation seems to make it more relevant than ever. The first part of the article deals with the ILO constitutional capacity to effectively discharge this regulatory function. The answer hinges on the dialectical interplay between the specific legitimacy arising of the ILO tripartite structure; its capacity to do so through persuasive ‘state centric’ means; and finally the tripartite willingness to discharge it. The second part discusses the likelihood of two possible regulatory ‘atrophy’ or ‘revival’ scenarios. The first may develop as a result of divergent motivations and interests among ILO constituents, and the trend towards its further integration into the UN through the 2030 SDG. The second may prevail as a result of the growing external pressure for a more equitable distribution of the benefits and constraints (including environmental) of global interdependence. This pressure needs to be met to spare disruptive consequences, and the ILO could help meet it—subject to a more imaginative and integrated use of its normative tools and of the ILC as a ‘real economy’ forum, to promote greater coherence in the pursuit of socio-economic-environmental commitments. It concludes by highlighting that the ILO offers a readily available regulatory potential which cannot be found elsewhere at the universal level; the centenary celebration could offers a unique opportunity to trigger the momentum necessary to optimise it—though it may not be the most likely outcome.