scholarly journals Integrating Human Rights and the Environment in Supply Chain Regulations

2021 ◽  
Vol 13 (17) ◽  
pp. 9666
Author(s):  
Almut Schilling-Vacaflor
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
Global Supply Chains ◽  
Equal Weight ◽  
The European Union ◽  
Policy Integration ◽  
Structured Interviews ◽  
Society Business ◽  
Legal Norms

To address the negative externalities associated with global trade, countries in the Global North have increasingly adopted supply chain regulations. While global supply chains cause or contribute to interconnected environmental and human rights impacts, I show that supply chain regulations often exclusively target one policy domain. Furthermore, an analysis of the first experiences with the implementation of the French Duty of Vigilance law, which covers and gives equal weight to environmental and human rights risks, reveals that the inclusion of environmental and human rights standards in legal norms is not sufficient to ensure policy integration. The empirical focus here is on the soy and beef supply chains from Brazil to the European Union (EU), and the findings rely on an analysis of legal norms and company reports, field research at producing sites in Brazil and semi-structured interviews with civil society, business and state actors. For analyzing the data, I draw on the literature on environmental policy integration (EPI) and apply a framework that distinguishes between institutional, political and cognitive factors to discuss advances and challenges for integrating human rights and the environment in sustainability governance. The study concludes that more integrated approaches for regulating global supply chains would be needed to enable ‘just sustainability’.

Trafficking in Human Beings for the Purpose of Labour Exploitation

2016 ◽  
Vol 34 (4) ◽  
pp. 318-339 ◽  
Author(s):  
Julia Planitzer
Keyword(s):  
European Union ◽  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
The European Union ◽  
Human Beings ◽  
The United Kingdom ◽  
Labour Exploitation ◽  
Modern Slavery ◽  
Trafficking In Human Beings

This article gives an overview of current legal initiatives for enhanced transparency regulations for corporations and the actions they take against trafficking in human beings (THB). The California Transparency in Supply Chains Act (CTSCA) has an influence on legal initiatives in Europe, in particular in the United Kingdom. The UK's Modern Slavery Act includes the obligation for corporations to report on actions taken against THB and slavery. In addition, at the European Union level, measures to enhance obligatory reporting on non-fnancial matters, such as human rights matters, are to be implemented in national legislation in the next years. This article compares the California Transparency in Supply Chains Act with the UK's Modern Slavery Act. In order to decrease exploitation along the supply chain, the article concludes that legislation should not only require obligatory reporting but also oblige corporations to implement measures to prevent THB related to their activities.

The Law and Economics of Tort Liability for Human Rights Violations in Global Supply Chains

2019 ◽  
Vol 10 (2) ◽  
pp. 130-165
Author(s):  
Mark A Geistfeld
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
Working Conditions ◽  
Consumer Demand ◽  
Global Supply Chain ◽  
Human Rights Violations ◽  
Foreign Workers ◽  
Global Supply Chains ◽  
Tort Liability

AbstractThe human rights of foreign workers in global supply chains are routinely violated, yet the problem so far has largely evaded a legal solution. Economic analysis shows why domestic tort liability can partially address this problem. Many consumers in developed countries have a lower willingness-to-pay for products produced by global supply chains that systemically subject foreign workers to egregiously dangerous working conditions in gross violation of their human rights. This attribute of consumer demand provides a basis for subjecting the domestic chain leader to domestic tort liability for the bodily injuries suffered by these foreign workers, including those employed by independent suppliers. Chain leaders, like other product sellers, are obligated to warn about foreseeable safety risks that are not known by consumers and would be material to their decision about whether to purchase or use a product. The tort duty also requires sellers to instruct consumers about the ways in which the purchase or use of the product might foreseeably harm third parties. A domestic seller that is the chain leader of a global supply chain would breach this duty by not warning domestic consumers that the product is produced by foreign workers who are systemically subjected to working conditions that are so unsafe as to amount to a gross violation of their human rights. Because the purchase of the product foreseeably exposes foreign workers to this ongoing risk of physical harm, they are protected by the tort duty and can recover for its breach. Causation can be established by the logic of the breached tort duty. If consumers had been warned that the product is produced in such a systemically unsafe work environment, a substantial number of them would not have purchased it – they would instead have purchased the same product at the higher price necessary to protect the foreign workers from these ongoing safety violations. By distorting consumer demand in this manner, the domestic product seller’s failure to warn domestic consumers of these human rights violations in the global supply chain proximately caused injury to these foreign workers, entitling them to compensation. By remedying these human rights violations, domestic chain leaders would satisfy the reasonable expectations of domestic consumers who have altruistic preferences to rescue foreign workers from extreme dangers within the production process. Tort law cannot redress the full range of human rights violations in global supply chains, but consumer demand provides a sound basis for tort liability that addresses a limited, though important component of the problem.

scholarly journals Mind the gap: Grass roots ‘brokering’ to improve labour standards in global supply chains

2017 ◽  
Vol 71 (4) ◽  
pp. 584-609 ◽  
Author(s):  
Sarah J Kaine ◽  
Emmanuel Josserand
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Working Conditions ◽  
Global Supply Chains ◽  
Significant Shift ◽  
Top Down ◽  
Whistle Blowing ◽  
Grass Roots ◽  
Labour Standards ◽  
Implementation Gaps

While governance and regulation are a first step in addressing worsening working conditions in global supply chains, improving implementation is also key to reversing this trend. In this article, after examining the nature of the existing governance and implementation gaps in labour standards in global supply chains, we explore how Viet Labor, an emerging grass-roots organization, has developed practices to help close them. This involves playing brokering roles between different workers and between workers and existing governance mechanisms. We identify an initial typology of six such roles: educating, organizing, supporting, collective action, whistle-blowing and documenting. This marks a significant shift in the way action to improve labour standards along the supply chain is analysed. Our case explores how predominantly top-down approaches can be supplemented by bottom-up ones centred on workers’ agency.

scholarly journals From Suspicion to Sustainability in Global Supply Chains

2020 ◽  
Vol 7 (2) ◽  
pp. 383-418
Author(s):  
Robert C. Bird ◽  
Vivek Soundararajan
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Fundamental Problem ◽  
Trust Building ◽  
Global Supply Chains ◽  
Human Rights Abuses ◽  
Economic Survival ◽  
Building Process ◽  
Sustainability Practices

Global supply chains power 80% of world trade, but also host widespread environmental, labor, and human rights abuses in developing countries. Most scholarship focuses on some form of sanction to motivate supply chain members, but we propose that the fundamental problem is not insufficient punishment, but a lack of trust. Fickle tastes, incessant demands for lower prices, and spot market indifference force suppliers into a constant struggle for economic survival. No trust can grow in such an environment, and few sustainability practices can take meaningful root. Responding to multiple calls for scholarship in the supply chain literature, we propose a trust-building process by which supply chains can evolve from indifference and hostility to a relational partnership that produces joint investments in sustainable practices. The result is a supply chain that is more efficient, more humane, and embeds sustainability in the supply chain for the long-term.

scholarly journals Legal-economic barriers to price transfers in food supply chains

2012 ◽  
Vol 6 (1-2) ◽  
pp. 27-33 ◽  
Author(s):  
Harry Bremmers ◽  
Bernd Van der Meulen ◽  
Zorica Sredojevi ◽  
Jo Wijnands
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Food Supply ◽  
Value Added ◽  
Price Volatility ◽  
Retail Sector ◽  
The European Union ◽  
Food Supply Chains ◽  
Industry Policy ◽  
The One

Recent price movements have put food supply chains under pressure. On the one side, upward price tendencies on commodity markets result in higher costs to processing firms. On the other side, these firms are confronted with a strong retail sector that is able to prevent compensation to protect consumers’ and own economic interests. Regulatory impediments of European law, especially with respect to foodstuffs, can adversely be utilized as barriers to protect the interest downstream the supply chain. The problem is that legal-economic instruments which can serve to smooth price volatility in supply markets can also opportunistically be used at the expense of the middlesection in food supply chains (i.e., mainly small and medium sized producers). The aim of this article is to identify the legal-economic mechanisms that effect price transfers in food supply chains in the European Union and define policy adjustments to improve pricing mechanisms, while safeguarding the interests of the processing industry. Policy alternatives to improve the smooth functioning of notably intermediate markets in food supply chains are the restructuring of competition law, improved processor information management and creating transparency of value added in the supply chain by means of labelling devices.

scholarly journals Developing Knowledge of Supply Chain Resilience in Less-Developed Countries in the Pandemic Age

Logistics ◽  
2022 ◽  
Vol 6 (1) ◽  
pp. 3
Author(s):  
João M. Lopes ◽  
Sofia Gomes ◽  
Lassana Mané
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Qualitative Methodology ◽  
Developed Countries ◽  
Less Developed Countries ◽  
Structured Interviews ◽  
Developed Country ◽  
Supply Chain Resilience ◽  
Guinea Bissau ◽  
The Impact

The constraints imposed by the pandemic COVID-19 increased the risks of the disruption of supply chains, bringing new challenges to companies. These effects were felt more intensely in less-developed countries, which are highly dependent on imports of products and raw materials. This study aims to assess the impact of supply chain resilience in a less-developed country (Guinea-Bissau) using complex adaptive system theory. We used a qualitative methodology through multiple case studies. Semi-structured interviews were conducted with four companies. The semi-structured script contains questions about supply chain disruptions, vulnerabilities and resilience. The main results show that the companies in Guinea-Bissau, due to their dependence on the outside world and the absence of formal, larger and more diversified supply chains, suffered serious consequences with the disruption imposed by the pandemic. It was also concluded that the more resilient the supply chain, the fewer the impacts of crisis events and that the resilience of companies at this level depends on their obtaining competitive advantages over their competitors. The main practical implications of this study are the need to formalize the supply chain, diversify the supply of services and products of companies dependent on the exterior, adopt metrics that allow for the early detection of situations of supply chain disruption, effectively manage stocks and promote proactive crisis resolution strategies. Studies on the impact of resilience on supply chains in crises are scarce, especially on companies located in underdeveloped countries.

scholarly journals Corporate social responsibility and protection of workers’ human rights: the case of Germany

2020 ◽  
Vol 10 (2) ◽  
pp. 253-270
Author(s):  
Achim Seifert
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
Public Procurement ◽  
Action Plan ◽  
German Law ◽  
Human Rights Violations ◽  
Current Debate ◽  
Recent Developments ◽  
Protection Of Human Rights

The following Article analyzes recent developments of German law regarding CSR and the protection of human rights in the production sites of foreign subsidiaries and suppliers of German companies. It gives a brief overview on the National Action Plan of the Federal Government, adopted in 2016, analyzes possibilities of a direct enforcement of human rights violations before German courts and gives a survey on some relevant instruments German law uses to promote the respect of human rights by German companies (e.g. CSR transparency and public procurement law). Finally, the current debate on the adoption of a “Supply Chains Act” is briefly assessed. The author argues that the CSR debate in Germany has reached a crossroad with the Federal Government’s initiative for a “Supply Chains Act” since such Act would probably establish a supply chain due diligence and also a delictual liability of German companies for human rights violations caused by a non-compliance with its statutory duties to control its supply chain. However, the outcome of this ongoing debate still is unclear.

scholarly journals Ethical Issues in Global Supply Chains

2007 ◽  
Author(s):  
Bodo B. Schlegelmilch ◽  
Magdalena Öberseder
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Working Conditions ◽  
Ethical Issues ◽  
Low Cost ◽  
Global Supply Chains ◽  
Unethical Conduct ◽  
Production Methods ◽  
Technological Advances ◽  
Consumer Demands

Despite all technological advances, global supply chains are always based on the interaction of people. And wherever people interact, a kaleidoscope of ethical issues emerges. While consumer demands and concerns have undoubtedly led to an increased awareness of unethical conduct in the supply chain, contravening forces, such as the relentless pressures for low cost products and the ease by which consumers are purchasing non-deceptive counterfeits, should also not be ignored. Many retailers are now embracing ethical issues by emphasising, for example, that they take care of the production methods and working conditions pertaining to the goods they offer.

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