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Between Soft and Hard Law: The Impact of International Social Security Standards on National Social Security Law

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Edited by: Frans Pennings

ISBN13: 9789041124913
ISBN: 9041124918
Published: March 2006
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £116.00



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Whether or not we ever attain universal social justice, there can be little doubt that the international community has set meaningful standards, and that significant progress has been made over the last century. The leading standard-setter throughout this period has been the International Labour Organisation (ILO), with its nearly 200 conventions on labour law and social security law. Yet it is often asked: how effective are these standards? Do any lLO Member States actually offer (to quote the Philadelphia Declaration of the ILO Conference of 1944) social security measures to provide a basic income to all in need of such protection and comprehensive medical care? Perhaps not, but some come close, thanks to the application of ILO standards.

This much-needed volume is the first detailed analysis of the legal meaning of ILO conventions within the ratifying Member States. In unprecedented depth a panel of distinguished authorities explores the role of ILO conventions in preparing and amending national legislation, in parliamentary debate, and in national case law. For comparative purposes, five countries the United Kingdom, France, Germany, Spain, and the Netherlands-are studied in depth.

Whether or not we ever attain universal social justice, there can be little doubt that the international community has set meaningful standards, and that significant progress has been made over the last century. The leading standard-setter throughout this period has been the International Labour Organisation (ILO), with its nearly 200 conventions on labour law and social security law. Yet it is often asked: how effective are these standards? Do any lLO Member States actually offer (to quote the Philadelphia Declaration of the ILO Conference of 1944) social security measures to provide a basic income to all in need of such protection and comprehensive medical care? Perhaps not, but some come close, thanks to the application of ILO standards.

This much-needed volume is the first detailed analysis of the legal meaning of ILO conventions within the ratifying Member States. In unprecedented depth a panel of distinguished authorities explores the role of ILO conventions in preparing and amending national legislation, in parliamentary debate, and in national case law. For comparative purposes, five countries the United Kingdom, France, Germany, Spain, and the Netherlands-are studied in depth.

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Subjects:
Social Security and Welfare Law
Contents:
Preface. List of Abbreviations.
1. International Social Security Standards: An Overview; F. Pennings, B. Schulte.
2. Overview of Up-to-Date ILO Social Security Conventions; U. Kulke.
3. Some Current Points of Discussion Concerning Social Security Conventions; F. Pennings, B. Schulte.
4. The Impact of Social Security Conventions: The United Kingdom; S. Roberts.
5. The Impact of Social Security Conventions: Spain; C. Sánchez-Rodas Navarro, A. Rodríguez Benot.
6. The Impact of Social Security Conventions: The Netherlands; F. Pennings.
7. The Impact of Social Security Conventions: Germany; B. Schulte.
8. The Impact of Social Security Conventions: France; F. Kessler, J.-P. Lhernoud.
9. Conclusions; F. Pennings. Bibliography. List of Contributors. Annex: Texts of ILO Constitution and Up-to-Date Social Security Conventions with Standards. Overview: Up-to-Date Social Security Conventions and their Status of Ratification. Texts. Index on Conventions. Subject Index.