Law Commons^™

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Development And Regional Trade Agreements: Entrenching Structural Inequities, Antonia Eliason

Georgia Journal of International & Comparative Law

No abstract provided.

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

Pitfalls Of Over-Legalization: When The Law Crowds Out And Spills Over, Mark Kawakami

Indiana Journal of Global Legal Studies

While some academics argue that enforcing voluntary corporate codes of conduct with private law backed sanctions can improve the working conditions of marginalized workers in the global supply chain, there are various risks associated with this "legalization" process. Relying on evidence from the fields of sociology, psychology, and evolutionary anthropology, this contribution will discuss how external incentives like threats of legal sanctions can actually be detrimental to the intrinsic motivations of companies that want to be socially responsible. This paper will also analyze how the crowding out effect and the spillover effect that come with legalizing otherwise voluntary norms could …

Global Data Meets 3-D Printing: The Quest For A Balanced And Globally Collaborative Solution To Prevent Patent Infringement In The Foreseeable 3-D Printing Revolution, Tyler Macik

Indiana Journal of Global Legal Studies

This Note explores a potential global solution to the foreseeable patent infringement problems with 3-D printing and do-it-yourself users. More specifically, at a time when 3-D printing is quickly gaining popularity and recognition for its many beneficial applications through advancements in printing and scanning technology, the current state of patent law lacks the ability to detect and prevent patent infringement among do-it-yourself users of 3-D printing. I propose a potential global solution that would provide a balance between fostering growth in 3-D printing and upholding patentees' rights by exploring the possibility of creating a collaborative, intergovernmental 3-D CAD file database …

A Review Of Inhuman Conditions: On Cosmopolitanism And Human Rights, Jessica Browne

e-Research: A Journal of Undergraduate Work

Pheng Cheah's book Inhuman Conditions: On Cosmopolitanism and Human Rights connects globalization and cosmopolitanism to the humanities in an effort to understand the nature of humanity itself. At its core, Cheah's arguments seem to relate to the quote from his book, "Humanity . . . is, after all, an interminable work of collaboration and comparison."[1] He makes his way through various stages of discourse. First, he presents theconcept of new cosmopolitanism as a departure from the cosmopolitanism of Immanuel Kant and Karl Marx. He positions new cosmopolitanism within an intellectual and philosophical paradigm relative to nationalism and cosmopolitanism as "vehicles …

Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone

Osgoode Hall Law Journal

Three dynamics are coalescing to reshape labour relations in the twenty-first century in the United States: They are flexibilization, globalization, and privatization. Flexibilization refers to the changing work practices by which firms no longer use internal labour markets or implicitly promise employees lifetime job security, but rather seek flexible employment relations that permit them to increase or diminish their workforce, and reassign and redeploy employees with ease. Globalization refers to the increase in cross-border transactions in the production and marketing of goods and services that facilitates firm relocation to low labour cost countries. And privatization refers to the rise of …

Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge

Human Rights & Human Welfare

A review of:

Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.

and

International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.

Can World Poverty Be Eliminated?, William F. Felice

Human Rights & Human Welfare

A review of:

World Poverty: New Policies to Defeat an Old Enemy edited by Peter Townsend and David Gordon. Bristol: The Policy Press, 2002. 454pp.

and

World Poverty and Human Rights: Cosmopolitan Responsibilities and Reforms by Thomas Pogge. Malden, MA: Blackwell/Polity, 2002. 264pp.

and

There is an Alternative: Subsistence and Worldwide Resistance to Corporate Globalization edited by Veronica Benholdt-Thomsen, Nicholas Faraclas, and Claudia von Werlhof. New York: Zed Books. 2001. 288pp.

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.

Enslaved To Fashion: Corporations, Consumers, And The Campaign For Worker Rights In The Global Economy, George Demartino

Human Rights & Human Welfare

A review of Levi’s Children: Coming to Terms with Human Rights in the Global Marketplace by Karl Schoenberger. New York: Atlantic Monthly Press, 2000. 288pp.

Levi’s Children presents a sobering account of the tribulations of a transnational corporation with a heart trying its best to navigate honorably the polluted moral waters of the global economy. San Francisco-based Levi Strauss and Company, maker of the iconic Levi’s jeans and other apparel, sought to maintain a commitment to social responsibility in the face of intensifying financial pressures to do otherwise. Author Karl Schoenberger puts this account to good effect, illuminating the extraordinary …

Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Ibpp Editor

International Bulletin of Political Psychology

This article discusses human trafficking for economic reasons and its context.