Egorov, S.A. On the issue of meaning and possible application of the non-binding acts of the International Labor Association in the process of improvement of the norms of international and domestic labor law

Abstract: This article concerns the differences between various forms of non-binding acts of the International Labor Association (ILOO) from the point of view of the procedure for their adoption, sphere of their application of legal status: declaration, resolutions, recommendations and opinions. The author attempts to evaluate the possibilities for the application of the non-binding ILO acts by the parties of the social partnership in the sphere of labor. Since some of these provisions have detailed character, they may be included into the social partnerships at the local level. For example, the ILO non-binding acts include the norms, which improve the position of workers in comparison to those provided by the national legislation. The courts may apply the norms of the non-binding acts in order to clarify the provisions of national legislation. It is established that the provisions of the non-binding acts are included into the international treaties with passage of time, and so they become binding. The development of the modern forms of international treaties allows for the harmonious combination of the features of normative and non-binding elements, as well as for the simplified procedure for amendments.

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