Practical Problems in Effective Application of ILO Conventions

Abstract

The concern shown by the ILO Committees over the problems of non-self-executing treaty provisions and the priority of subsequent laws over treaties was to be expected. But they have also evidenced considerable concern over the problems of the lack of publicity given to treaty provisions and the uncertainty resulting from conflicting laws and treaty provisions—even in cases where the legal system clearly provides that treaty provisions prevail over conflicting laws. The Committee of Experts has insisted on the adoption of legislation or administrative regulations implementing conventions as a means of providing more publicity for convention norms and as a means of avoiding uncertainty as to the status of a particular convention norm. It has frequently requested the adoption of national legislation or administrative directives because of its conviction that national practice was not in conformity with convention norms. The governments in question have, in a great number of cases, adopted the implementing legislation or administrative measures.