- Glasgow, Scotland, United Kingdom
Claire La Hovary
University of Glasgow, School of Law, Faculty Member
- Claire La Hovary is a visiting fellow at the University of Glasgow, UK. She is specialised in international labour la... moreClaire La Hovary is a visiting fellow at the University of Glasgow, UK. She is specialised in international labour law. She holds LL.L and LL.B degrees in both civil and common law (University of Ottawa, Canada), as well as a master's degree and a Ph.D. (summa cum laude, 2007) in international law from the Graduate Institute of International Studies, Geneva. She has combined her studies with work in both the public and the private sector, including for the Government of Canada, and from 2006 to 2012, she has worked for the UN in Geneva as a Legal Officer with the International Labour Organisation. She was previously Lord Kelvin Adam Smith Fellow at the University of Glasgow, UK (2013-2016) and a visiting fellow at the University of Amsterdam (2016). Since 2016, she is a senior legal specialist at the International Labour Organisation (Bureau for Workers' Activities - ACTRAV).edit
Research Interests:
Research Interests:
This article examines the legal value of the pronouncements of the International Labour Organisation’s Committee of Experts on the Application of Conventions and Recommendations in the context of the recent unprecedented attacks it faced... more
This article examines the legal value of the pronouncements of the International Labour Organisation’s Committee of Experts on the Application of Conventions and Recommendations in the context of the recent unprecedented attacks it faced within the ILO by the Employer’s group. In particular, it studies what is meant by “soft law jurisprudence”, an expression first used by the Employers’ Group in 2012 to describe the Committee of Experts' comments. To do so, it examines interpretation at the ILO, how the Committee of Experts has had, over the years, the task of interpreting conventions and what influence the work of the Committee of Experts has, both intentionally and unintentionally, discussing the issue in the general context of the legal effects of soft law.
Research Interests:
Research Interests:
Research Interests:
This conference paper examines the incentives for establishing a tribunal within the ILO in charge of the interpretation of conventions, as provided for in Article 37(2) of the ILO constitution, both for the ILO and its members and for... more
This conference paper examines the incentives for establishing a tribunal within the ILO in charge of the interpretation of conventions, as provided for in Article 37(2) of the ILO constitution, both for the ILO and its members and for outside reference. These incentives are arguably extremely compelling. Indeed, a tribunal would provide an in-house solution to the current questions surrounding the right to strike and to other matters which might surface; there would be no question as to its legitimacy as it is - as we will see - provided for in the constitution of the ILO itself, and it would deal with matters of interpretation in an official and open manner, with clear rules to follow and a clear procedure that could involve all sides to a dispute. It would create legal predictability and clarity to all, inside as well as - possibly - outside the ILO. At the same time, however, the very reasons why such a tribunal is so needed now are arguably partly the same as the reasons why, i...
Research Interests:
Many workers, employers and enterprises around the world are, to varying degrees, in a situation of ‘informality’. Although intuitive, the notion of ‘informality’ is however not easy to define. For many, it evokes a sense of hardship,... more
Many workers, employers and enterprises around the world are, to varying degrees, in a situation of ‘informality’. Although intuitive, the notion of ‘informality’ is however not easy to define. For many, it evokes a sense of hardship, characterized by precarity, vulnerability, poverty, exploitation and exclusion, for example. It can however have very different connotations for others, who might associate ‘informality’ with autonomy, entrepreneurialism, or freedom from bureaucratic constraint. Whatever the perspective, however, ‘informality’ can have a whole range of different potential causes, and their identification, as well as the remedies suggested to overcome them, will vary. Having said this, the concept of ‘informality’ arguably poses a number of specific challenges from a legal perspective, more specifically concerning how the notion fits within the international and national legal framework relating to the protection of workers. This article proposes to examine these challe...
This chapter explores the International Labour Organization’s (ILO) mandate and capacity to create, proliferate and supervise labour standards through the lens of the operationalization of tripartism. Tripartism, a foundational feature of... more
This chapter explores the International Labour Organization’s (ILO) mandate and capacity to create, proliferate and supervise labour standards through the lens of the operationalization of tripartism. Tripartism, a foundational feature of the ILO which implies the active participation of representatives of Governments, Employers and Workers in all aspects of the Organization, is essential to both the Organization’s mission of pursing social justice and the generation of international labour law more generally. Changes in the balance of power between the three groups inevitably have an impact on international labour law and on its supervision; such changes, in particular between Workers and Employers, have been taking place since 1989 and have taken a dramatic turn in 2012. The crisis that occurred that year and that has been unfolding since could have an impact beyond the ILO, by not only challenging the independence and the role of ILO supervisor bodies—and therefore reducing their...
Research Interests:
Research Interests:
Research Interests:
This article explores one of the features of the International Labour Organization (‘ilo’) – tripartism, or in other words, the fact that it is an institution that brings together representatives of Governments, Employers and Workers – in... more
This article explores one of the features of the International Labour Organization (‘ilo’) – tripartism, or in other words, the fact that it is an institution that brings together representatives of Governments, Employers and Workers – in the light of recent events that have threatened the Organization’s smooth functioning. Disagreement within the ilo supervisory bodies has revealed the changing balance of power between Employers and Workers, and potentially signals a need to rethink the basis of tripartism. At the same time, however, tripartism is a fundamental feature of the ilo, one that sets it apart from other international bodies, and is essential to both the organization’s mission and the generation of international labour law. This article re-visits the notion of tripartism, examines the problems that its practice within the ilo raises as well as the significance of the current crisis and its possible impact for the ilo and international labour law.
Research Interests:
Research Interests: Law and Industrial Law
This article explores one of the features of the International Labour Organization (‘ilo’) – tripartism, or in other words, the fact that it is an institution that brings together representatives of Governments, Employers and Workers – in... more
This article explores one of the features of the International Labour Organization (‘ilo’) – tripartism, or in other words, the fact that it is an institution that brings together representatives of Governments, Employers and Workers – in the light of recent events that have threatened the Organization’s smooth functioning. Disagreement within the ilo supervisory bodies has revealed the changing balance of power between Employers and Workers, and potentially signals a need to rethink the basis of tripartism. At the same time, however, tripartism is a fundamental feature of the ilo, one that sets it apart from other international bodies, and is essential to both the organization’s mission and the generation of international labour law. This article re-visits the notion of tripartism, examines the problems that its practice within the ilo raises as well as the significance of the current crisis and its possible impact for the ilo and international labour law.