Recalibrating Contract Law: Choses in Action, Global Value Chains and the Enforcement of Obligations Outside of Privity

2019 ◽  
Author(s):  
Kevin Sobel-Read ◽  
Glen Anderson ◽  
Jaakko Salminen
Keyword(s):  
Global Value Chains ◽  
Contract Law ◽  
Value Chains

scholarly journals Hermeneutical Injustice, Contract Law, and Global Value Chains

2020 ◽  
Vol 16 (1) ◽  
pp. 139-159
Author(s):  
Lyn K.L. Tjon Soei Len
Keyword(s):  
Social Power ◽  
Global Value Chains ◽  
Contract Law ◽  
Value Chains ◽  
Party Autonomy ◽  
Normative Constraint ◽  
Contract Framing ◽  
Exchange Relations

AbstractGlobal value chains (GVCs) resist dominant contract framing, because presumptions about contract’s bilateral structure and party autonomy fail to capture the complex interconnections between private exchange relations. Contract law seems to obscure, rather than capture, the ways in which the relationships and experiences of various actors in GVCs are linked. This article argues that, in doing so, contract law contributes to systemic hermeneutical injustice. Systemic hermeneutical injustice captures how shared interpretative resources can render those in disadvantaged positions of social power unable to make intelligible that what is in their interest to render intelligible. The article’s primary aim is to show how this form of injustice bears on contract law and how it can function as an independent normative constraint on the institution of contract law.

An Anthropological Reimagining of Contract in Global Value Chains: The Governance of Corporate-community Relations in the Colombian Mining Sector

2020 ◽  
Vol 16 (1) ◽  
pp. 118-138
Author(s):  
Laura D. Knöpfel
Keyword(s):  
Codes Of Conduct ◽  
Well Being ◽  
Global Value Chains ◽  
Contract Law ◽  
Local Communities ◽  
International Standards ◽  
Community Relations ◽  
Value Chains ◽  
Corporate Codes Of Conduct ◽  
State And Local

AbstractThis contribution introduces an ant’s rather than a bird’s eye view on the legal institution global value chains (GVCs) have become. An ant’s view makes the abstract construct of the GVC tangible but at the same time reveals its unclear boundaries – where do GVCs begin and end? The article reflects on the role of contracts and contract law in the drawing and subsequent regulation of boundaries. It takes the reader into Colombia’s globalised natural resource sector where complex contractual constructs determine the relationships between firms, the state and local communities. These contractual constructs, together with the law, corporate codes of conduct and international standards that regulate them, create close and intertwined boundaries between the firm and its societal environment. In that closeness, the mining firm assumes and voices far-reaching responsibilities for the economic and social well-being of local communities. In regard to those corporate social responsibilities, contract law could and should play a pivotal role in the societal governance of GVCs.

scholarly journals Transnational Contract Law

2021 ◽  
pp. 512-530
Author(s):  
Klaas Hendrik Eller
Keyword(s):  
Political Institutions ◽  
Contract Theory ◽  
Social Institutions ◽  
Global Value Chains ◽  
Contract Law ◽  
Legal Order ◽  
Value Chains ◽  
Discursive Space ◽  
Digital Platforms

Contract is a central trope of transnational ordering. In the shadow of the various attempts to harmonize contract law at the transnational level (such as through UNIDROIT), the very institution of contract already forms the backbone of transnational interaction. Yet, as this chapter outlines, contract theory is for the most part ill-prepared to capture the constitutive role of contracts in the regulation and critique of transnational social institutions, such as global value chains or digital platforms. In such scenarios, beyond being geared toward efficiency between parties, contracts embody a plurality of rationalities and interests and form a discursive space. Albeit often in a fragile way, contracts emerge as equivalents of political institutions inasmuch as the state legal order no longer provides substantial background justice. The chapter surveys how realist and critical traditions in contract theory, in both their US and European variants, are presently being recalibrated to properly reconstruct transnational social conflicts.

Sustainability Clauses in an unsustainable Contract Law?

2020 ◽  
Vol 16 (1) ◽  
pp. 186-205
Author(s):  
Vibe Ulfbeck ◽  
Ole Hansen
Keyword(s):  
Global Value Chains ◽  
Contract Law ◽  
The Other ◽  
Value Chains ◽  
Other Hand ◽  
General Contract Law ◽  
The One ◽  
Areas Of Interest

AbstractCompanies in global value chains respond to the general sustainability agenda in society by inserting sustainability clauses into their contracts and it has been argued that there is a need to develop general contract law (default contract law rules) in order for it to be able to respond to this sustainability agenda. This article firstly examines the basis for this view and three specific areas of interest in this regard. Secondly, it draws attention to the internal tensions that will be created in the chain by on the one hand pursuing sustainability goals, external to the interests of the contracting parties, and on the other hand a consequential need to protect the supplier as the weaker party in the chain.

Corporate Social Responsibility in the Legal Framework of Global Value Chains

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Talya Ucaryilmaz Deibel
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Self Regulation ◽  
Global Value Chains ◽  
Legal Framework ◽  
Contract Law ◽  
Value Chains ◽  
Moral Economic ◽  
Corporate Social

Abstract What is the place of voluntary self-regulation in today’s international trade? Can we continue to understand the contract in its relation to the historical unity of state and law considering the massive transformation of the closely related dichotomies between national and international, public and private, and hard law and soft law? What is the role of corporate social responsibility (CSR) in the contemporary debate over global value chains (GVCs)? This paper addresses on the role of law in societal challenges arising from the kaleidoscopic view of globalization. GVCs operate through interdependent contracts and in relation to multiple normative orders that impose moral, economic, and legal obligations. This paper seeks to re evaluate the role of contract law in its relation to sustainable and ethical global trade. The perspective it develops prioritizes the interaction between extra-legal considerations in contract law and the momentum of CSR as well as the historical dynamics of law, economics, and politics.

International trade: Research of the reasons for the fall

2019 ◽  
pp. 79-91 ◽  
Author(s):  
V. S. Nazarov ◽  
S. S. Lazaryan ◽  
I. V. Nikonov ◽  
A. I. Votinov
Keyword(s):  
Growth Rate ◽  
International Trade ◽  
Exchange Rate ◽  
Global Economy ◽  
Structural Changes ◽  
Global Value Chains ◽  
Value Chains ◽  
Negative Contribution ◽  
Basic Commodity ◽  
The Impact

The article assesses the impact of various factors on the growth rate of international trade. Many experts interpreted the cross-border flows of goods decline against the backdrop of a growing global economy as an alarming sign that indicates a slowdown in the processes of globalization. To determine the reasons for the dynamics of international trade, the decompositions of its growth rate were carried out and allowed to single out the effect of the dollar exchange rate, the commodities prices and global value chains on the change in the volume of trade. As a result, it was discovered that the most part of the dynamics of international trade is due to fluctuations in the exchange rate of the dollar and prices for basic commodity groups. The negative contribution of trade within global value chains in 2014 was also revealed. During the investigated period (2000—2014), such a picture was observed only in the crisis periods, which may indicate the beginning of structural changes in the world trade.

Central and Eastern European states in global production linkages: country-level and sector-level analysis

2017 ◽  
pp. 38-60 ◽  
Author(s):  
Ewa Cieślik
Keyword(s):  
Global Value Chains ◽  
Jel Classification ◽  
European Countries ◽  
Value Chains ◽  
Eastern European ◽  
Large Share ◽  
Country Level ◽  
Western European ◽  
Eastern European Countries ◽  
Level Analysis

The paper evaluates Central and Eastern European countries’ (CEEs) location in global vertical specialization (global value chains, GVCs). To locate each country in global value chains (upstream or downstream segment/market) and to compare them with the selected countries, a very selective methodology was adopted. We concluded that (a) CEE countries differ in the levels of their participation in production linkages. Countries that have stronger links with Western European countries, especially with Germany, are more integrated; (b) a large share of the CEE countries’ gross exports passes through Western European GVCs; (c) most exporters in Central and Eastern Europe are positioned in the downstream segments of production rather than in the upstream markets. JEL classification: F14, F15.

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