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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ



            Session (Geneva, November 1977) is a labour-related CSR code by itself, as it is used
            as a reference in many CSR declarations by enterprises. It was adopted in 1977, a year

            after the OECD had adopted a similar instrument with a wider coverage not restricting
            itself to labour issues. As it is stated in Para. 4 of the Tripartite Declaration, the “principles

            set out in this Declaration are commended to the governments, the employers’ and
            workers’ organizations of home and host countries and to the multinational enterprises
            themselves.” Para. 5 further states: “These principles are intended to guide the

            governments,  the  employers’  and  workers’  organizations  and  the  multinational
            enterprises in taking such measures and actions and adopting such social policies,

            including those based on the principles laid down in the Constitution and the relevant
            Conventions and Recommendations of the ILO, as would further social progress.”

                    In order to achieve the objectives of the Tripartite Declaration, follow-up has
            been conducted, not all from the beginning, in three ways: Reporting, “Interpretation”
                                                                                             33
            and promotional activities.

                    (ii) Reporting

                    A reporting exercise began when the Governing Body at its 205th (February-
            March 1978) Session invited governments to report periodically on the effect given to

            the Declaration after full consultation with the national employers’ and workers’
            organizations.  This reporting exercise continued until 2006, when the Governing Body
                          34
            decided to postpone it, in view of concern about the low rate of response to the regular






                    33  Procedure for the examination of disputes concerning the application of the Tripartite Declaration of
            Principles concerning Multinational Enterprises and Social Policy by means of interpretation of its Provisions. Official
            Bulletin (Geneva, ILO), 1986, Vol. LXIX, Series A, No. 3, pp. 196-197 (to replace Part IV of the Procedures adopted
            by the Governing Body at its 214th Session (November 1980)). See Official Bulletin, 1981, Vol. LXIV, Series A,
            No. 1, pp. 89-90. Most recently at the 329th (March 2017) Session of the Governing Body. Tripartite Declaration
            of Principles concerning Multinational Enterprises and Social Policy, ILO Geneva 2017 GB.329/POL/7, pp. 18-19.
            The 2017 revision, unlike former more technical ones, was of a more substantial nature increasing the total number
            of paragraphs from 59 (the original 1977 Declaration had 58 paragraphs) to 69 and, more importantly, adding an
            Annex entitled “Operational Tool”.
                    34  GB.205/10/2, Para. 9 and GB.205/PV(Rev.), p. VI/4.



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