Soft Law Approach in Labour Law in Asia - Should It Be or Should It Not Be?

Prof. Ago Shinichi
Professor of Law
Kyushu University

Chinese labour law scholars are seriously discussing whether a Corporate Social Responsibility (CSR) code is law. The Ministry of Labour of Thailand is now operating an official form of CSR certification. A number of Vietnamese enterprises are being certified by various private agencies to meet minimum labour standards. A weak labour administration, particularly the labour inspection system, gives rise to the importance of emerging new tools to supplement hard laws. There is a need to explore the legal implications of the expansion of CSR norms, especially in developing countries, because this body of norms may be a quick and easy tool to achieve certain social goals, but at the same time, it may be a dangerous mechanism that would undermine the long years of effort exerted by the international community to achieve social justice. Attention should also be given to another aspect of this process: The effect of globalization that is strongly felt. The whole question of a social clause, widely discussed in the context of the trade system created by the Uruguay Round is resurfacing again because the emergence of CSR norms can be interpreted as a revival of the social clause initiative, which was once defeated in the WTO's Ministerial Meeting in 1997.