The Promise And Limits Of Private Power

This book examines and evaluates various private initiatives to enforce fair labor standards within global supply chains. Using unique data (internal audit reports and access to more than 120 supply chain factories and 700 interviews in 14 countries) from several major global brands, including NIKE, HP and the International Labor Organization's Factory Improvement Programme in Vietnam, this book examines both the promise and the limitations of different approaches to actually improve working conditions, wages and working hours for the millions of workers employed in today's global supply chains. Through a careful, empirically grounded analysis of these programs, this book illustrates the mix of private and public regulation needed to address these complex issues in a global economy.

From unsafe working conditions in garment manufacturing to the failure to consult indigenous communities with regard to extractive industries that affect them, human rights violations remain a pervasive aspect of the global economy. Advocates have long called upon states, as the primary duty bearers and enforcers of human rights, to hold corporations directly accountable for violations committed throughout the supply chain. More recently, many business and human rights advocates have considered the development and enforcement of private regulatory initiatives (PRIs) to certify that actors along the supply chain conform to certain codes of conduct. Many advocates see these PRIs as holding the potential to create better outcomes—whether for workers, affected communities, or the environment—within a global economy structured by supply chain capitalism. This volume brings together academics and practitioners from a number of regions throughout the world to engage in theoretical analysis, case study exploration, and reflection on a variety of PRIs. Theorizing outward from the work of practitioners and activists on the ground, the book brings essential but often overlooked questions to the scholarly debates on business, human rights, and global governance. Ultimately, the contributions coalesce around one basic claim: that the inequalities and disparities of power and wealth that are a key characteristic of the contemporary global economy can also mark the origins and operation of PRIs, and do so to varying degrees. The collection highlights the need for discussions about labor, environmental, and other human rights accountability to be situated within a broader analysis of the political economy of contemporary supply chain capitalism. It seeks to enrich discussions of PRIs by bringing into the conversation concerns about distributive justice and political economy.

This book examines how the law has limitations to the extent that it can combat repression, isolation, and inequality. The main point the book explores is that isolation and inequality cannot be solved by driving up wages and having better working conditions. The true divide between management and workers is the inability of management to see the workers as people, and not just numbers. "The Swiss novelist Max Frisch remarked at the time, ‘We imported workers and got men instead.’" This encapsulates the dilemma of management – how to distance one’s self enough from workers to command respect yet not too distant as to be seen as inhumane. How can isolation and inequality within the workplace be overcome? Regulation and Inequality at Work shows how workers can have an increased voice by using tools outside of the typical legal ones. Without state protection, the rights can be viewed as less stringent. Working outside the system allows for greater malleability and flexibility to be able to cater to individual workers in individual workplaces. Workers’ rights are about better working conditions, hourly wages, and benefits, but are also about being treated in a more civilized manner where one’s humanity is recognized. Only through all of these parts working together will a true version of workers’ rights emerge—one where workers are not viewed as mere tools but within and of the system itself. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners in the fields of business and company law, labour law, and employment law.

This book studies labour conditions in GVCs in a variety of sectors and across several Asian countries.

This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.

This book critically explores how increased regulation and governance of corporations can be used to help improve the rights of workers amidst an era of union decline. The book posits that soft law techniques such as codes of conduct are more effective in protecting workers than "hard law" i.e. domestic regulation. It starts by analysing the transnational regulation of corporations and codes of conduct, and then puts forward a model code of conduct that can be used by corporations to help increase the protection of workers. Through this model's use of a monitoring scheme, shareholders, activists, and NGOs put pressure on the corporation to reform itself and enact a code which has obligations flowing both ways between the corporation and its employees. The book then looks at the expansions of fiduciary duties and changes to corporate governance, including Benefit Corporations and how they can be used to increase the rights of workers. It then discusses changes to standard union contracts before concluding with an assessment of the best way forward for workers’ rights. By providing a new contribution to the current dialogue on corporate social responsibility and codes of conduct, this book will be a valuable resource for academics working on labour, employment, and business law as well as corporate lawyers.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

This is the first book offering a comprehensive historical and contemporary analysis of the emerging business and human rights field.