Private Actors as Transnational Regulators: The Case of Freedom of Association

This article examines whether content of international public norms is significantly altered when embedded in transnational private labour regulations (TPLR); and, if it is, whether these alterations enrich or weaken the effect of these norms. Through a case study of freedom of association as regulated in five major TPLR initiatives, this research pursues a textual analysis of TPLR generated norms, to evaluate their content and to assess the nature of any modifications of international labour law norms. The findings reveal that although TPLR instruments are generally perceived as merely implementing internationally accepted norms, they in fact have a substantial norm-generating role, actively shaping the content of the norms they apply. The evidence further indicates that private actors can contribute to the design of innovative norms. At the same time, it was found that corporations had in several instances exerted negative influences over freedom of association norms and that when additional actors participated in the regulatory process, this right was better fulfilled. In addition, although meaningful participation of public actors in private regulatory initiatives was found to effectively prevent the undermining of the right to freedom of association, global union federations were less successful in this regard.