Migration, Labour and Legal Discourse in the early 20th Century. A French-Italian Example in the Making of International Labour Law. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2013 recht [durch] setzen / Making Things Legal Gesetzgebung und prozessuale Wirklichkeit in den europäischen Rechtstraditionen|

Résumé 0

The making of the international labour law was the result of a complex proceeding carried out by some jurists in the early 20th Century, between the draft of the first Labour Treaty (Franco-Italian Bilateral Treaty of 1904) and the institution of the International Labour Organization (Treaty of Versailles of 1919). The jurists interested into this “nouveau droit” focused on the emergence of collective interests and their doctrinal efforts aimed to give a legal answer to the social question as a consequence of the industrial revolution. The peculiarity of their approach was the framing of the labour question into a transnational context, by paying great attention to the growing migratory phenomena. The connection between migration and labour emerges from a preliminary examination of the legislative and doctrinal sources. Both in the drawing of an international labour law and in the regulation of migration, lawyers started from the same economic assumption: the mobility of labour, and referred to a same subject: the foreign worker. In this matter the relationship between Italy and France seems to be exemplar in order to show the premises, the ideological plans and the practical results of the construction of the new legal discourse about international labour relations.