Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Compliance with decent work standards by multinational enterprises
Thesis (LLD)--University of Pretoria, 2024.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2024
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613483476975616 |
|---|---|
| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/99400 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:52.135Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/99400 Compliance with decent work standards by multinational enterprises Van Eck, B.P.S. advfostermaluleke@gmail.com Maluleke, Tirhani Foster UCTD Codes of conduct Decent work Hard law Human rights Human rights due diligence International Labour Organisation ILO MNE declaration International framework agreements Labour rights Multinational enterprises OECD guidelines Unemployment United Nations Regional free trade agreements Soft law Sustainable Development Goals (SDGs) SDG-08: Decent work and economic growth Law theses SDG-08 Thesis (LLD)--University of Pretoria, 2024. In contemporary times, the issue of human and labour rights violations has gained significant momentum, rendering it imperative for international organisations, states, and businesses to address this critical concern. It is widely acknowledged that while multinational enterprises can aid in achieving economic growth by investing directly overseas and raising the standard of living for the residents of host nations, their business operations may also result in abuse of human and labour rights. The United Nations (UN) Charter was drafted to set forth obligations for individual states, yet businesses do not bear international legal obligations. The Universal Declaration on Human Rights was adopted to implement the substantive contents of human rights referred to in the UN Charter in the general way. The preamble of the Universal Declaration refers to all organs of society, but, at the time of its adoption, businesses were not considered among such organs. It was inconceivable that business organisations would become so economically powerful within a few decades that they would pose a significant risk to human and labour rights, which would not be easily regulated under the national law of their host nations. It is the hypothesis of this study that numerous multinational enterprises (MNEs) violate core human and core labour rights, and that the existing regulatory framework does not adequately regulate them. To prove this hypothesis, this thesis will adopt a two phased approach. Firstly, a careful case law and literature review will reveal the inadequate regulation of MNEs. Evidence suggests that MNEs are guilty of flagrant labour standards and human rights violations. As a result of globalisation, MNEs have gained stronger international influence, and they are able to move their businesses to countries with low cost of labour and less regulations. This phenomenon weakens the governments of host nations as they are keen to promote foreign direct investment in order to reduce unemployment and to ensure economic growth. As a result, the host nations are encouraged to set laws that will attract MNEs at the expense of human and core labour rights. As result, MNEs are not held accountable in respect of their violation of human and labour rights. Secondly, this thesis will assess the efficacy of the regulatory instruments developed by the international community in response to the mentioned problem. This aspect is covered in Chapter 3 to 7 of this thesis. The strategies include the public and private hard law and soft law mechanisms developed at international level as well as campaigns by Non-Governmental Organisations (NGOs). Based on evidence, this thesis will conclude that a soft law approach is not fully effective. As such, Chapter 8 of this thesis proposes the introduction of some hard law measures to improve the existing soft law instruments to augment the existing legislative frameworks of the host countries. In particular, the thesis recommends regulatory reforms, which will empower the International Labour Organisation to intervene to prevent the labour rights violations by MNEs and where such violations occur, to at least provide effective remedies to vulnerable employees. This thesis constitutes a theoretical study, which attempts to provide suggestions regarding the implementation of realistic measures, which if implemented, may contribute to the attainment of decent work for all men and women who are engaged in work for MNEs. UP Postgraduate Bursary Mercantile Law LLD Unrestricted Faculty of Laws 2024-11-26T07:58:31Z 2024-11-26T07:58:31Z 2024-12 2024-08 Thesis * D2024 http://hdl.handle.net/2263/99400 'Disclaimer Letter' en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Codes of conduct Decent work Hard law Human rights Human rights due diligence International Labour Organisation ILO MNE declaration International framework agreements Labour rights Multinational enterprises OECD guidelines Unemployment United Nations Regional free trade agreements Soft law Sustainable Development Goals (SDGs) SDG-08: Decent work and economic growth Law theses SDG-08 Compliance with decent work standards by multinational enterprises |
| title | Compliance with decent work standards by multinational enterprises |
| title_full | Compliance with decent work standards by multinational enterprises |
| title_fullStr | Compliance with decent work standards by multinational enterprises |
| title_full_unstemmed | Compliance with decent work standards by multinational enterprises |
| title_short | Compliance with decent work standards by multinational enterprises |
| title_sort | compliance with decent work standards by multinational enterprises |
| topic | UCTD Codes of conduct Decent work Hard law Human rights Human rights due diligence International Labour Organisation ILO MNE declaration International framework agreements Labour rights Multinational enterprises OECD guidelines Unemployment United Nations Regional free trade agreements Soft law Sustainable Development Goals (SDGs) SDG-08: Decent work and economic growth Law theses SDG-08 |
| url | http://hdl.handle.net/2263/99400 |