Assessing Legitimate Structures for the Making of Transnational Labour Law: The Durability of Corporatism

In recent years, there has been greater scrutiny of the legitimacyof governance within international and regional institutionsand an emerging interest in deliberative democracy. This paperexamines the potential impact of these trends on the survivalof current mechanisms for the making of transnational labourlaw, which may be thought to reflect corporatist rather thanpluralist or deliberative practices. We focus on two examples:the tripartite constitutional foundation of the InternationalLabour Organisation, which ensures that employer and workerrepresentatives share in standard-setting alongside governmentrepresentatives, and the predominantly bipartite process ofsocial dialogue between management and labour for the formulationof European Community social policy. Despite significant differencesin approach, both organisations have chosen to prioritise participationby trade unions and employer representatives within designatedbargaining structures that are ostensibly designed to achievesome balance in their relative influence; however, the reasonsfor this preference have not always been apparent. This paperinvestigates how corporatist structures have been adapted forapplication at the international and European level, and seeksto analyse their potential for legitimacy, and thereby theirdurability.