GENERAL CHARACTERISTICS OF THE HISTORY AND EVOLUTION OF THE INTERNATIONAL LABOUR ORGANISATION INSTRUMENTS
Authors:   Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Kyiv, Ukraine, FIGOL Andriy 
Published: November 2024

Background. The regulation of labour and the protection of workers' rights are becoming increasingly relevant, especially given the rapid development of the global economy and constant changes in the social sphere. Historically, the establishment of international labour regulation rose up as a response to the imbalance of powers between workers and employers in labour relations. This issue necessitated the creation of universally accepted standards aimed at ensuring fair and decent working conditions. The ILO plays a key role in the process of shaping standards and establishing the norms through cooperation among governments, employers' organizations, and workers. The research is aimed at analyzing the historical context, stages of development, and the impact of ILO acts on national labour regulation systems. Methods. Dialectical, theoretical, quantitative, comparative, and other methods of cognition were applied while preparing the article. The dialectical method was used to determine the dynamics and changes associated with the formation and development of ILO instruments. Analyzing the relationships between different stages of ILO development and adopted instruments allowed to understand the dynamics of international labour regulation. Theoretical methods were utilized to analyze assumptions and theories related to the formation of international labour regulation. Quantitative and comparative methods enabled the analysis of activities associated with the adoption of ILO standards and identified priorities in the organization's activities across different historical periods. These methods were applied while preparing of the research, data collection and analysis, interpretation, and formulation of corresponding conclusions. The algorithm of applying these methods involves their combination for a comprehensive analysis of the formation and development of ILO instruments. Results. The development of the lawmaking at the international level originates from the establishment of the International Labour Organization in 1919. Before its establishment, such regulation occurred sporadically and had a reactive nature in response to dissatisfaction arising from disparities in the rights and obligations of subjects in labour relations at that time. However, with the founding of the ILO and the regular work of its bodies, the opportunity for systematic regulation of labour-related issues emerged. The International Labour Organization's standard-setting activities are comprehensive, allowing for the adoption of a new international standard with due regard to the positions of all social dialogue participants. Conclusions. The lawmaking process within the ILO, including the adoption of new and the abolition of outdated ILO conventions, is based on consensus among governments, employers' organizations, and trade unions and is a response to the global challenges faced by the organization. Conditionally, such a process can be divided into several stages, closely linked to the historical prerequisites for the foundation of the ILO, the challenges the organization subsequently faced, the dynamic development of the global economy, technological progress, etc. It is pertinent to highlight the following stages associated with the formation and development of ILO acts: the first stage (XIX century – early XX century) is characterized by the emergence of international labour regulation, which left its mark on the subsequent activities of the ILO; the second stage (1919 – 1939) is characterized by the immediate founding of the ILO and the adoption of the organization's first international standards dedicated to basic aspects of labour regulation; the third stage (1940 – 1945) is conditioned by the Second World War, during which ILO lawmaking activity was minimal, except for the adoption of several recommendations and the Philadelphia Declaration, emphasizing the commitment of all ILO member states to uphold and strengthen the principles related to fundamental rights; the fourth stage (1946 – 1999) is featured by a focus on post-war reconstruction and, subsequently, on regulating specific aspects of labour relations not covered by ILO acts, as well as the abolition or revision of outdated international standards of the organization; the fifth stage (2000 – present) is associated with the adoption of purely technical ILO conventions and a focus on new standards related to mentoring, dealing with biological hazards, and decent work in the platform economy.