Globalization arguably generated a governance gap that is being filled by transnational rule-making involving private actors among others. The democratic legitimacy of such new forms of governance beyond nation states is sometimes questioned. Apart from nation-centered democracies, such governance cannot build, for example, on representation and voting procedures to convey legitimacy to the generated rules. Instead, alternative elements of democracy such as deliberation and inclusion require discussion to assess new instruments of governance. The recently published (...) standard ISO 26000 is an interesting example of transnational governance. ISO 26000 was developed in a lengthy multiorganizational process for the purpose of giving guidance on the social responsibility of organizations. By assessing the specific case of ISO 26000, this study sheds light on the question of how legitimacy beyond nation-state democracy is ensured or constricted. Centering on the idea of deliberate democracy and democratic legitimacy, the study offers in-depth insights on the normative legitimacy of the development process of ISO 26000. Positioned on the interface of business studies and public policy, this article contributes to the academic literature on transnational governance and on the role of multistakeholder processes in shaping the role of business in society. (shrink)

In twentieth century Europe and the USA, industrial relations, labour, and workers' rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change (...) for how workers' rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers' rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

The implementation of transnational standards — in codes of conduct, certification, and monitoring initiatives — necessarily intertwines with domestic law and other types of rules. Yet much of the existing literature overlooks or obscures this fundamental point. Indeed, scholars often err either by treating private regulatory standards as transcendent or by viewing implementation as fundamentally a technical problem. This Article argues that understanding the operation of transnational private regulation requires attention to the layering of multiple rules in a (...) given location. It develops a framework for examining this layering and illustrates it by briefly looking at two major issues—community rights in sustainable forestry standards and freedom of association in fair labor standards — and their implementation in Indonesia. In various ways, these domains illustrate how conflict and complementarity between public and private standards structure the practice of private regulation. (shrink)

We are in an era of uncertainty over whose rules will govern global economic integration. With the growing market share of Chinese firms and the power of the Chinese state it is unclear if Western firms will continue to dominate transnational governance. Exploring these dynamics through a study of contract rules in the global cotton trade, this article conceptualizes commodity chain governance as a contested process of institution-building. To this end, the global commodity chain/global value chain framework (...) must be revised to better account for the broader institutional context of commodity chain governance, institutional variation across space, and strategic action in the construction of legitimate governance arrangements. I provide a more dynamic model of GCC governance that stresses how strategic action, existing institutions, and dominant discourses intersect as firms and states compete for institutional power within a commodity chain. This advances our understandings of how commodity chain governance emerges and changes over time. (shrink)

In twentieth century Europe and the USA, industrial relations, labour, and workers’ rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change (...) for how workers’ rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers’ rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

In recent years, the development and the use of engineered nanomaterials have generated many debates on whether these materials should be part of the new or existing regulatory frameworks. The uncertainty, lack of scientific knowledge and rapid expansion of products containing nanomaterials have added even more to the regulatory dilemma with policy makers and public/private actors contenting periods of both under and over regulation. Responding to these regulatory challenges, as well as to the global reach of nanotechnology research and industrial (...) needs, governance arrangements beyond the state have addressed the challenge head-on. This article focuses on the governance arrangements of the International Organization for Standardization (ISO), which has led to the development of numerous “horizontal anticipatory standards” with an important role in setting the foundation for science, technology and market development. During the course of its operation ISO has broadened its scope to address not only technical issues related to the concept and the size of nanomaterials but also broader aspects of the technology, including health, environment and safety issues. The increasing relevance of the ISO to regulate economic relations and achieve certain public policy goals has given rise to many concerns about its legitimacy. The important questions are whether these governance arrangements may be deemed as being legitimate and where this legitimacy is derived from? What are the main sources of legitimacy at the transnational level and how we can apply them to analyse nanotechnology standardization? This article provides concise answers to these questions. It focuses at the normative concepts of democratic and scientific legitimacy and explores the institutional structures and processes by which nanotechnology standards are established. (shrink)

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

The small portion of philosophical work on global distributive justice that directly discusses particular agents, institutions or practices in global politics tends to focus on a narrow range of the existing set. The emphasis is chiefly on bilateral diplomacy or intergovernmental organisations, to the neglect of a variety of more recent forms of transnational governance, many of which incorporate non‐state actors, have more limited membership, involve informal and dynamic structures, employ cooperative and reflexive methods for ensuring compliance, and (...) operate largely out of the public eye. This article considers how philosophers should conceive of distributive justice in relation to these neglected sites of transnational governance, using the International Organization for Standardization (ISO) as an illustration. (shrink)

The small portion of philosophical work on global distributive justice that directly discusses particular agents, institutions or practices in global politics tends to focus on a narrow range of the existing set. The emphasis is chiefly on bilateral diplomacy or intergovernmental organisations, to the neglect of a variety of more recent forms of transnational governance, many of which incorporate non-state actors, have more limited membership, involve informal and dynamic structures, employ cooperative and reflexive methods for ensuring compliance, and (...) operate largely out of the public eye. This article considers how philosophers should conceive of distributive justice in relation to these neglected sites of transnational governance, using the International Organization for Standardization as an illustration. (shrink)

The United Nations Global Compact is one of the largest transnational governance schemes. Its success or failure, however, is a matter of debate. Drawing on research in cognitive linguistics, we argue that when evaluators discuss the UNGC, they apply the metaphorical concept of the family: the UNGC corresponds to the “family,” the UNGC headquarter to the “parent” and the business participants of the UNGC to the “children” of the family. As a corollary, evaluators’ implicit understanding of how a (...) family is best organized sets different benchmarks against which the governance structure of the UNGC is assessed. We describe two ideal models of “educating” UNGC business participants. Critics of the UNGC adopt a “strict father” model of transnational governance based on the idea that the proper education of inherently “bad” business firms necessitates obedience, discipline and punishment in case firms are non-compliant. In contrast, the UNGC’s advocates follow a “nurturant parent” model, which prioritizes empathy, learning and nurturance to support the moral development of “good” business firms. We develop the “UNGC-as-family” metaphor, explore its implications for transnational governance and discuss under what conditions these idealized models can serve as appropriate guidelines for TGSs. Specifically, we posit that following the behavioral prescriptions of the “strict father” model may, under certain conditions, jeopardize the organizational embedding and institutionalization of UNGC principles, and explain when and why it may be in the best interest of the UNGC and civil society to embrace the instructions of the “nurturant parent” model of transnational governance. (shrink)

This article evaluates mini-publics as a potential means of realizing deliberative democratic values in transnational contexts. A mini-public is a group of citizens that is chosen by random or near-random selection to debate matters of public concern in a suitably structured deliberative environment. The argument of the article is that mini-publics can be an important deliberative resource, but only as supplements to rather than replacements for alternative means of reforming transnational institutions. These forums can be used to prefigure (...) transnational publics, but entrenched institutional assumptions about the delineation and definition of these publics must be subject to critical scrutiny by other elements of a transnational deliberative system. This argument is developed through a critical engagement with the literature on mini-publics, an analysis of a prominent example of a transnational mini-public, and a defense of the role of civil society as a resource for counteracting the shortcomings of mini-publics. (shrink)

Private governance raises important questions about democratic representation. Rule making is rarely based on electoral authorisation by those in whose name rules are made—typically a requirement for democratic legitimacy. This requires revisiting the role of representation in input legitimacy in transnational governance, which remains underdeveloped. Focussing on private labour governance, we contrast two approaches to the transnational representation of worker interests in global supply chains: non-governmental organisations providing representative claims versus trade unions providing representative structures. (...) Studying the Bangladesh Accord for Fire and Building Safety, we examine their interaction along three dimensions of democratic representation: 1) creating presence, 2) authorisation, and 3) accountability to affected constituents. We develop a framework that explains when representative claims and structures become complementary but also how the politics of input legitimacy shapewhoseinterests get represented. We conclude by deriving theoretical and normative implications for transnational representation and input legitimacy in global governance. (shrink)

Global health research partnerships are increasingly taking the form of consortia of institutions from high-income countries and low- and middle-income countries that undertake programs of research. These partnerships differ from collaborations that carry out single projects in the multiplicity of their goals, scope of their activities, and nature of their management. Although such consortia typically aim to reduce health disparities between and within countries, what is required for them to do so has not been clearly defined. This article takes a (...) conceptual approach to explore how the governance of transnational global health research consortia should be structured to advance health equity. To do so, it applies an account called shared health governance to derive procedural and substantive guidance. A checklist based on this guidance is proposed to assist research consortia determine where their governance practices strongly promote equity and where they may fall short. (shrink)

With the proliferation of private standards many significant decisions regarding public health risks, food safety, and environmental impacts are increasingly taking place in the backstage of the global agro-food system. Using an analytical framework grounded in political economy, we explain the rise of private standards and specific actors – notably supermarkets – in the restructuring of agro-food networks. We argue that the global, political-economic, capitalist transformation – globalization – is a transition from a Fordist regime to a regime of flexible (...) accumulation (Harvey, 1989). We also argue that the standard making process of this new regulatory regime is increasingly moving from the front stage – where it is open to public debate and democratic decision-making bodies – to the backstage – where it is dominated by large supermarket procurement offices. We assert that transnational supermarket chains are increasingly controlling what food is grown where, how, and by whom. We also contend that the decision-making processes of transnational supermarket chains are typically “black-boxed.” The Euro-Retailer Produce Working Group (EUREP) is presented as a case of private governance by transnational supermarket chains. We conclude by examining the limitations and long-term efficacy of a system of private governance in the global agro-food system. (shrink)

The impact and use of Information and Communication Technologies (ICTs) in healthcare settings has been increasing since 2019. This is greatly due to the COVID‐19 pandemic. But beyond accommodating an extraordinary and complex situation in terms of healthcare services, or beyond replacing personalised care delivered by healthcare professionals (HCPs), has there been a process of information and consultation for communities and HCPs? Do we have the basic requirements needed to make such use commonplace in health care? What will the impact (...) be on communities and their governance? Have we arrived here by consensus or by imposition? Our purpose has been to conduct a transnational analysis by approaching communities, social actors, and healthcare professionals in three territories in a pilot study following a qualitative methodology. The aim being to discover the potential impact of such measures beyond the right to health and if such measures are compatible with the purpose of population settling in rural areas. Furthermore, to identify if this entails a conflict of value and priorities or if we need new ethical reviews both for communities and healthcare professionals. (shrink)

Governance theories of regulation can be useful in describing and conceptualizing new forms of transnational labor regulation that have emerged in a context of weak state regulatory capacity. This Article argues, however, that the prominent governance models that have been applied to TLR, namely systems theory, responsive regulation, and new governance are not suited to the exigencies of labor regulation in developing states. Accordingly, this Article proposes an alternative "integrative approach" to transnational labor regulation that (...) draws upon the insights of governance theory, but that is committed to developing state capacity where the state has a comparative advantage over non-state regulation in realizing the goals of TLR. (shrink)

Women constitute the majority of workers in global value chains (GVCs), yet few GVC scholars focus on the governance of gender. Based on an investigation (2013–2017) started after the Rana Plaza disaster in Bangladesh, this article presents “voice to the subordinate strata” as the first principle of feminist governance in the GVC. Findings reveal the matrix of power, which includes the International Labour Organization and the state that underpins the political economy of the Southern factory. This study provides (...) a transformative model of feminist governance as transnational justice. As the relational ethic that links justice in the workplace to the quality of a woman's life, feminist governance is also the moral economy of the GVC wherein the woman worker is valued as a citizen in the global economy. (shrink)

As crucial elements of green ideology, political participation and inclusiveness have become indispensable to democratic decision-making as green values gained ground across the world. It is often assumed that through the inclusion and participation of more stakeholders, the global environmental governance architecture has become increasingly democratic since the 1990s. This article asks whether civil society participation in the relevant United Nations platforms democratises transnational and global environmental governance, or simply simulates democratic participation without giving stakeholders the chance (...) to contribute to policy decisions. First, building on Hannah Arendt's concept of political action I differentiate forms of participation based on different value systems. Then, following the historical development of participation narratives in the United Nations, I argue that participation has become increasingly instrumentalised and used to conceal other types of institutional change based on efficiency considerations and neoliberal values. (shrink)

A key feature of recent debates on European Union (EU) integration is the attention paid to the issue of European society, to what extent it exists, what form it takes, and its role in the integration process. This interest in European society has emerged within three academic discourses: EU governance; post-national citizenship; and the democratic deficit. The EU's own understanding of European society reveals how the need to govern transnational space has replaced the need to construct the EU (...) as a nation-state `writ large'. At issue is the extent to which nascent European society can be conceived as a unified and cohesive civil society. It is argued that the emerging agenda on European society points to the need to more fully understand the dynamics of transnational European social spaces, which itself requires an understanding of globalization which allows for the possibility that it may work in ways other than to promote integration. (shrink)

This article assesses the usefulness of Thomas Risse, Stephen Ropp and Kathryn Sikkink's spiral model as an explanation of the changes in the Chinese government's human rights practices from the time of the 'anti-rightist' campaign in 1957-1958 to the end of 2003. It is concluded that the spiral model has provided a valid explanation for many of the changes in the Chinese government's human rights practices, and its responses to its internal and external critics, over this time period. Many of (...) the responses of the transnational human rights network and the Chinese government by the end of this period indicate that the latter had progressed to phase three of the model. It is also concluded that the spiral model only conceptualises part of the constitutive relationship between the target state and international human rights norms - the influence of these norms on the identities, interests and behaviours of a target state. It does not conceptualise the influence of a target state on international human rights norms or the transnational human rights network. Therefore, the spiral model cannot explain why the Chinese government has had such a significant influence over the enforcement mechanisms of these norms. (shrink)

: We discuss the role that transnational corporations should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to (...) the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to (...) the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

This article examines several key aspects of maternity homes for ‘unwed mothers’ in order to understand the overwhelming phenomenon of single mothers giving up their babies for adoption in South Korea and its naturalization as a common practice. Drawing upon Foucault’s concept of biopolitics, this article recasts maternity homes as an institution of biopolitical welfare and highlights two features of social governance that the maternity home extends over the population of single mothers and their children. First, I argue that (...) this unique, non-governmental social service agency functions as a hub of biopolitical technologies, where multiple social, legal, economic, and political forces work in concert to curb single motherhood through the promotion of adoption via (1) containment, (2) classification, and (3) circulation. Second, attending to the intricate dynamics of maternity home practices, this article observes the ways in which a single mother relinquishes her motherhood via adoption and, in so doing, becomes a birthmother, a self-regulating and self-governable subject. (shrink)

Little consensus exists about the effectiveness of transnational private governance in domains such as labor, the environment, or human rights. The paper builds on recent scholarship on labor standards to emphasize the role of labor agency in transnational private governance. It argues that the relationship between transnational private regulatory initiatives and labor agency depends on three competences: first, the ability of workers’ organizations to gain access to processes of employment regulation, implementation, and monitoring; second, their (...) ability to insist on the inclusion of employers and state agencies within such processes; and third, the ability of workers to effectively exercise leverage in pursuit of particular goals. The paper develops a framework, called hybrid production regime, for examining how workers’ capacity to act at the local level depends on how these three collective competences are addressed in the institutionalization of capital–labor relations between the transnational and national levels. (shrink)

According to the reports in the past decade, some Asian subcontractors, mainly Taiwan, Hong Kong and Korea transnational corporations, tend to be labor abusive in their overseas investment destinations like China or Southeast Asia. Taking Vietnam as an example, this paper raises questions as to why Taiwanese transnational companies can control workplace unions in a trade-union-supportive regime. Given the government s constraint of political rights, and the individualized workplace unions, the function of trade unions in Vietnam is destined (...) to be limited. The trade unions turn out be an arm of management, rather than representing workers interests in these transnational companies. This article also explores the influence of the newly developed codes of conducts from Western buyers. In the survey of three companies which are required to follow the codes of conduct by buyers, trade unions had no more freedom than those in companies without codes of conduct. The paper discusses the implications of this research, offering strategies for labor rights improvements. (shrink)

The increasing use of transnational standard-setting bodies to address quality uncertainties and coordination issues across the global economy raises questions about how these bodies establish and maintain their legitimacy and accountability outside the sovereignty of democratic states. Based on a discussion of the legitimacy challenge posed by global governance, we provide an overview of mechanisms by which such bodies can defend their legitimacy claims and examine the actual mechanisms used by the International Accounting Standards Board (IASB). While the (...) IASB staked its initial credibility on technical competence and independence, it has increasingly emphasized due process norms in its claim for support. Our analysis evaluates the IASB due process against the cultural benchmarks established by domestic standard-setters in the USA and UK and against a normative model of procedural legitimacy. These comparisons help us to understand the modifications that were made in the hope of due process adding legitimacy to accounting standard-setting beyond the state. They also reveal the broader political context of competing legitimacy criteria that confronts transnational standard-setters. (shrink)

This essay examines how Chinese governments, local communities, and overseas Chinese in North America responded to the perceived health risks of Severe Acute Respiratory Syndrome (SARS) and H1N1 flu through the use of public and participatory rhetoric about risk and quarantines. Focusing on modes of security and quarantine practices, I examine how globalization and the social crises surrounding SARS and H1N1 flu operated to regulate differently certain bodies and areas. I identify three types of quarantines (mandatory, voluntary, and coerced) and (...) conduct a transnational comparative analysis to investigate the relationships among quarantines, rhetoric, and public communication. I argue that health authorities must openly acknowledge the legitimacy of public input and actively seek public support regarding health crises. Only by collaborating with concerned communities and citizens and by providing careful guidance for public participation can health institutions ensure the efficacy of quarantine orders during emerging epidemics. (shrink)

The author critiques the expedient application of market valuation principles by the transnational corporations and other large firms in the Indian pharmaceutical industry on a number of issues like patents, pricing, irrational drugs, clinical trials, etc. He contends that ethics in business is chiseled and etched within the confines of particular social structures of accumulation. An ascendant neo-liberal social structure of accumulation has basically shaped these firms' sharp opposition to the Indian Patents Act, 1970, government administered pricing, etc. The (...) author contends that the practice of neo-liberal economics is strongly associated with a "one dimensional" ethics that privileges market valuation principles over all others. This seems to inevitably generate a social counter-movement that struggles for social protections. He critiques neo-liberal business practices from a perspective that derives from the work of the economic anthropologist Karl Polanyi. Before the present phase of liberalization in India, markets were "managed", but without a "welfare state" in place. Moving toward deregulation of the markets without a welfare state in place is unethical. Keeping the debilities of the institutional framework of public policy in mind, the author adopts a Polanyian perspective that places its trust and hope in the growing social legitimacy of the counter-movement in opposition to both neo-liberal business practices and the degenerate behavior of state agencies. (shrink)

Like all technologies, nanotechnology will inevitably present risks, whether they result from unintentional effects of otherwise beneficial applications, or from the malevolent misuse of technology. Increasingly, risks from new and emerging technologies are being regulated at the international level, although governments and private experts are only beginning to consider the appropriate international responses to nanotechnology. In this paper, we explore both the potential risks posed by nanotechnology and potential regulatory frameworks that law may impose. In so doing, we also explore (...) the various rationales for international regulation including the potential for cross-boundary harms, sharing of regulatory expertise and resources, controlling protectionism and trade conflicts, avoiding a “race to the bottom” in which governments seek economic advantage through lax regulation, and limiting the “nano divide” between North and South. Finally, we examine some models for international regulation and offer tentative thoughts on the prospects for each. (shrink)

The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in (...) seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society. (shrink)

This article draws attention to an understudied phenomenon, transnational political alliances (TPA), which occur when multinational corporations cooperate with local companies to influence public policies of the host government. The article first explores the economic and political sources of TPAs, their structures, and the obstacles to their formation. It then examines TPAs in the context of China, a critical case because of the hostile political environment that discourages TPAs. However, the surprisingly common occurrence of TPAs in China indicates the (...) power of economic incentives for political cooperation yet also suggests the need for further studies of TPAs in a wide variety of economic and political settings. (shrink)

This article draws attention to an understudied phenomenon, transnational political alliances (TPA), which occur when multinational corporations cooperate with local companies to influence public policies of the host government. The article first explores the economic and political sources of TPAs, their structures, and the obstacles to their formation. It then examines TPAs in the context of China, a critical case because of the hostile political environment that discourages TPAs. However, the surprisingly common occurrence of TPAs in China indicates the (...) power of economic incentives for political cooperation yet also suggests the need for further studies of TPAs in a wide variety of economic and political settings. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the (...) governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the (...) governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Corrupt political institutions, lack of resources, and gang violence in Central America fuel the influx of asylum-seeking women and children to the United States. Yet, immigrant women and children are still at risk for poor health and violence in the US due to the lack of protection and support. Through a case study of a teenage girl from Honduras living in the US who was murdered by her ex-boyfriend who followed her to the US, we elucidate ways in which the (...) US and Honduras have violated the rights of women and children. As background, we describe the context of US foreign policy towards immigration and the market for illicit drugs; and, in Honduras, the lack of appropriate healthcare, education, and legal protections. We identify human rights–based solutions to protect the rights of women and children and provide recommendations for improvement for the US government and organizations in Honduras. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines (...) the relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties (...) associated therewith. Fourth, we refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

One of the most visible symbols of the debate over human rights and national security in the context of the U.S. "War on Terrorism" has been the detainment of Taliban and Al Qaeda fighters at the U.S. naval base in Guantanamo Bay, Cuba, following the U.S. war in Afghanistan. The controversy concerning the fate of the nearly 600 prisoners demonstrates the emergence of new modes of democratic deliberation over how to strike the balance between rights and security. These new modes (...) of deliberation involve nongovernmental organizations and individuals who function as norm entrepreneurs, by mobilizing public opinion through transnational networks of opinion-makers and policymakers. Transnational networks of norm entrepreneurs have emerged where traditional avenues for foreign policymaking in the U.S. have failed to create a space for meaningful consideration of human rights in the rights/security balance. These traditional avenues are envisioned in the Constitution, which gives the President authority regarding foreign affairs, bounded by checks provided to Congress and the courts. While the goal of the constitutional process is to bring these institutional players into a dialogue, Congress and the judiciary have failed to engage the President in a conversation regarding the balance between human rights and national security. In the absence of initiatives by the government, nongovernmental actors have used communication structures within transnational networks to promote what this Article calls a dialogic approach to enforcement of human rights law. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act in (...) the United States and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of democratization in (...) transnational contexts— common activities and impact on basic human rights —and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. (shrink)

Information and communication technologies (ICT) enable citizens to communicate across state borders with greater ease than ever before, exciting much speculation about the emergence of transnational public spheres. This highly original work introduces this debate to International Relations, by investigating the socio-political implications of ICT in a global governance framework. Classic Habermasian theory is radically reconstructed to take account of contemporary trends in state sovereignty and global civil society. It is argued that if access is not widened and (...) free speech not sufficiently protected, the early promise of ICT as a liberating force will be neutralized. (shrink)

The creation of increasingly complex artificial intelligence (AI) systems raises urgent questions about their ethical and social impact on society. Since this impact ultimately depends on political decisions about normative issues, political philosophers can make valuable contributions by addressing such questions. Currently, AI development and application are to a large extent regulated through non-binding ethics guidelines penned by transnational entities. Assuming that the global governance of AI should be at least minimally democratic and fair, this paper sets out (...) three desiderata that an account should satisfy when theorizing about what this means. We argue, first, that an analysis of democratic values, political entities and decision-making should be done in a holistic way; second, that fairness is not only about how AI systems treat individuals, but also about how the benefits and burdens of transformative AI are distributed; and finally, that justice requires that governance mechanisms are not limited to AI technology, but are incorporated into a range of basic institutions. Thus, rather than offering a substantive theory of democratic and fair AI governance, our contribution is metatheoretical: we propose a theoretical framework that sets up certain normative boundary conditions for a satisfactory account. (shrink)