Global Framework Agreements - A solution to fill the vacuum of global labour law?

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: The phenomenon of global framework agreements has emerged through the difficulties of regulating the global labour market where the multinational enterprises' operations have been driven by an economic agenda and profit. The challenges of creating transnational legislation have brought social actors, such as the United Nations and the International Labour Organisation, to initiate self-regulatory instruments. Due to the complexity of establishing international legislative regulations, globalisation contributes to a legal vacuum regarding the lack of fundamental labour standards. This thesis aims to examine and analyse the legal status of global framework agreements and thus if they could be a contributing factor to fill the identified legal vacuum. To define the legal status, the requirements that must be met for a global framework agreement to be defined as such have been examined. In conclusion, the implementation process of the global framework agreements has been defined as of great importance in order to achieve its purpose. According to the legal status of global framework agreements, they are legally non-binding. Although their legal status is unclear and diffuse to define, they can be incorporated into other legal obligations and thereby acquire authority. The synergy and cooperation between global framework agreements and other publicly and privately driven initiatives may be the solution that will result in a more regulated global labour market where the implementation of fundamental labour rights is fulfilled.

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