Introduction

CHAPTER 1. Labour Conventions and National Law

1. The Norms of ILO Conventions

2. Obligations of States Ratifying ILO Conventions

3. International Legislation? Model National Laws? Treaties?

4. Ratification of Labour Conventions

5. Conclusion

CHAPTER 2. The ILO Supervisory System and Problems of Auto-matic Incorporation

1. The ILO Supervisory System

2. Development of Supervisory Committees' Concern Regarding Automatic Incorporation

3. States Invoking Automatic Incorporation as Guaranteeing Con-vention Implementation

3.1. Mexico

3.2. Colombia

3.3. Guatemala

3.4. Argentina

4. States Rarely Invoking Automatic Incorporation as Guaran-teeing Convention Implementation

4.1. France

4.2. The Netherlands

4.3. Switzerland

5. Conclusion

CHAPTER 3. Elements of Automatic Incorporation

1. Status (Force of Law) of Treaties in National Legal Systems:Automatic Incorporation and Legislative Incorporation

2. Direct Application of Treaty Provisions (The "Self-Executing" Problem)

3. The Rank or Hierarchy of Treaty Provisions

4. Conclusion

CHAPTER 4. The System of Automatic Incorporation in Selected States

1. Constitutional Provisions for Automatic Incorporation

1.1. The United States, Argentina and Mexico (Federal States with Similar Constitutional Provisions)

1.2. France

1.3. The Netherlands

2. Automatic Incorporation Without Express Constitutional Provisions

2.1. Switzerland

2.2. Italy (Quasi-Automatic Incorporation)

3. Conclusion

CHAPTER 5. The Concept of Self-Executing Treaty Provisions

1. The Doctrine of Self-Executing Treaty Provisions in the Law of the United States

1.1. Origin of the Doctrine

1.2. Definition of Self-Executing Treaty Provisions

1.3. Criteria for Determination

1.3.1. Intention of the Parties

1.3.2. Precision and Detail of Language

1.3.3. Subject Matter as Criterion—Separation of Powers Question

1.4. Confusion Regarding the Doctrine

2. The Concept of Self-Executing Treaties in Other Automatic Incorporation States

2.1. The Netherlands

2.2. Switzerland

2.3. France

2.4. Italy

2.5. Argentina and Mexico

3. Conclusion

CHAPTER 6. National Courts and the Self-Executing Nature of ILO Convention Provisions

1. United States—The Warren Case

2. Argentina

2.1. The Haras "Los Cardos" Case

2.2. The Roa Case

3. France

3.1. The Klaiss Case

3.2. The Castanie Case

3.3. The Compan-Vaquer Case

4. Conclusion

CHAPTER 7. ILO Supervision and the Self-Executing Nature of Convention Provisions

1. Non-Self-Executing Provisions of ILO Conventions

2. U.S. Inquiry to ILO

3. The ILO and Mexico: Efforts to Clarify the Problem of Self-Executing Convention Provisions

4. Language as Indicating Self-Executing Nature of Convention Provisions

5. Conclusion

CHAPTER 8. Relative Rank of Labour Conventions and Con-flicting National Norms

1. Preliminary Note: Separation of Powers Question—Efforts to Reconcile Conflicting Treaties and Laws

2. National Legal Systems and the Relative Rank of Treaty Pro-visions and National Norms

2.1. Primacy Given to National Laws if Later in Time

2.1.1. United States

2.1.2. Argentina

2.1.3. Mexico

2.1.4. Italy

2.2. Primacy (in Principle) Given to Treaty Norms

2.2.1. France

2.2.2. Switzerland

2.2.3. The Netherlands

3. ILO Conventions and Conflicting National Norms

3.1. Conflict with National Constitution

3.2. Convention Norms in Conflict with Earlier Laws

3.3. Convention Norms in Conflict with Subsequent Laws

4. Conclusion

CHAPTER 9. Practical Problems in Effective Application of ILO Conventions

1. ILO Concern about Practical Application of Conventions

2. Judicial Decisions and Uncertainty Concerning Status of Con-ventions

3. Need for Express Repeal of Earlier Conflicting Legislation

4. Special Publication of ILO Conventions

5. Conclusion

CHAPTER 10. Beyond Labour Conventions: Reflections on the Wider Relevance of the ILO Experience

1. Interaction between International Law and National Law: Signi-ficance of ILO Experience

2. Conclusions Concerning Incorporation of ILO Conventions in National Law

2.1. Where the Twain Meet: Importance of ILO Supervisory Organs in Harmonizing International Conventional Law and National Law

2.2. Is the Technique of Legislative Incorporation Preferable to Automatic Incorporation?

3. Relevance of the ILO Experience for the Future Application of Human Rights Treaties

4. Improving the National Application of Treaties

4.1. Why National Judges Are Reluctant to Directly Apply Treaties

4.2. Is Theory Important?

4.2.1. The Monist-Dualist Controversy Revisited

4.2.2. The McDougal Approach

4.3. Need for Improved Understanding of the Problem at the International Level

Bibliography

Table of Cases

Table of Treaties and Conventions

Author Index

Index