Neoliberal globalization model and sources of regulation of labor relations

Abstract

Neo-liberal globalization has not lost its identity and its pretension self-regulating with respect to international law and the territorialized legislation of States. Self-regulation expresses a legal pluralism by virtue of which there is a permanent tension between the extralegislative sources (lex mercatoria, mainly) and the classical sources of contemporary international law and the rights inherent State. The lex Mercatoria is a right of business groups created to regulate their activities without interference from the national states. It is through the lex Mercatoria and the network of formal and informal agreements between companies and between economic sectors and financial institutions where the centrality of the right of production is expressed at the time of the global economy. This right of production promotes the values and imperatives of the economic system on the socio-political and cultural systems. The limits of national governments on the control of the global economy have affected the erosion of the regulatory capacity of labour law and also in an emptying of the democratic decision-making process. Thus, social rights have been the subject of flexibilization (Rectius, liberalization of labour relations) or of deconstitutionalization expressed or tacit.