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Labour Governance of Global Supply Chains: A Study of the Implications of Globalization on Labour Law and the Protection and Enforceability of Labour Rights Within Global Supply Chains

Yenidogan, Deria Rumina LU (2020) LAGM01 20201
Department of Law
Faculty of Law
Abstract
The aim of this thesis is to build an understanding of the current instruments
and mechanisms governing global supply chains and to identify the
governance gaps in the protection of labour rights. In order to fully
understand the implications of globalization on labour law, the thesis
undertakes a theoretical framework drawing on transnational labour law
perspectives and a conceptual analysis of global supply chains. By doing so,
the thesis has been able to discern the implications on two of the organizing
principles of labour law, namely: the territorial authority of the state and the organization of the company. It has further been shown that states have
actively participated in the deregulation and denationalization of labour... (More)
The aim of this thesis is to build an understanding of the current instruments
and mechanisms governing global supply chains and to identify the
governance gaps in the protection of labour rights. In order to fully
understand the implications of globalization on labour law, the thesis
undertakes a theoretical framework drawing on transnational labour law
perspectives and a conceptual analysis of global supply chains. By doing so,
the thesis has been able to discern the implications on two of the organizing
principles of labour law, namely: the territorial authority of the state and the organization of the company. It has further been shown that states have
actively participated in the deregulation and denationalization of labour law
and trade, which in turn has not only lead to weaker labour protection but
has also led to changes in the organization of production. By outsourcing
and offshoring production to locations where production costs are lower and
the protection of labour rights generally weaker, transnational corporations
(TNCs) are able to exploit cheap labour without being held legally liable for
violations of labour rights within the supply chains.
This understanding of the ideas behind labour law and the mechanisms of
global supply chains provides the background against which the
international legal framework on labour law and private labour regulations
have been further examined. By examining relevant instruments of the
International Labour Organization, the United Nations, and regional
instruments, it has been shown that the state-centrism of these instruments
make it difficult to effectively protect labour rights within global supply
chains. Although various instruments, such as the OECD Guidelines on
Multinational Enterprises, do address TNCs more directly, these instruments
are of soft law character and do not create any legal obligations. Due to
these gaps in the international labour law framework, there has been a shift
to private regulatory initiatives on labour, such as corporate social
responsibility (CSR) practice, which involve the direct participation of
TNCs. However, the thesis has shown that CSR practices allow for TNCs to
avoid binding obligations. As a reaction to this, Global Union Federations
have started to negotiate Global Framework Agreements (GFAs) with
TNCs. Although GFAs are better at incorporating workers’ interests, they do
not have any clear relationship to law or legal enforcement. The thesis has
shown that these problems can be remediated through specifications in the
GFAs. However, due to the contractual nature of GFAs, it is required that
TNCs consent to the content of a GFA in order to be bound by its
obligations. Thus, the GFA cannot serve as a guarantee for the protection of
labour rights within global supply chains. (Less)
Please use this url to cite or link to this publication:
author
Yenidogan, Deria Rumina LU
supervisor
organization
course
LAGM01 20201
year
type
H2 - Master's Degree (Two Years)
subject
keywords
international labour law global supply chains globalization
language
English
id
9014023
date added to LUP
2020-06-16 13:14:26
date last changed
2020-06-16 13:14:26
@misc{9014023,
  abstract     = {{The aim of this thesis is to build an understanding of the current instruments
and mechanisms governing global supply chains and to identify the
governance gaps in the protection of labour rights. In order to fully
understand the implications of globalization on labour law, the thesis
undertakes a theoretical framework drawing on transnational labour law
perspectives and a conceptual analysis of global supply chains. By doing so,
the thesis has been able to discern the implications on two of the organizing
principles of labour law, namely: the territorial authority of the state and the organization of the company. It has further been shown that states have
actively participated in the deregulation and denationalization of labour law
and trade, which in turn has not only lead to weaker labour protection but
has also led to changes in the organization of production. By outsourcing
and offshoring production to locations where production costs are lower and
the protection of labour rights generally weaker, transnational corporations
(TNCs) are able to exploit cheap labour without being held legally liable for
violations of labour rights within the supply chains.
This understanding of the ideas behind labour law and the mechanisms of
global supply chains provides the background against which the
international legal framework on labour law and private labour regulations
have been further examined. By examining relevant instruments of the
International Labour Organization, the United Nations, and regional
instruments, it has been shown that the state-centrism of these instruments
make it difficult to effectively protect labour rights within global supply
chains. Although various instruments, such as the OECD Guidelines on
Multinational Enterprises, do address TNCs more directly, these instruments
are of soft law character and do not create any legal obligations. Due to
these gaps in the international labour law framework, there has been a shift
to private regulatory initiatives on labour, such as corporate social
responsibility (CSR) practice, which involve the direct participation of
TNCs. However, the thesis has shown that CSR practices allow for TNCs to
avoid binding obligations. As a reaction to this, Global Union Federations
have started to negotiate Global Framework Agreements (GFAs) with
TNCs. Although GFAs are better at incorporating workers’ interests, they do
not have any clear relationship to law or legal enforcement. The thesis has
shown that these problems can be remediated through specifications in the
GFAs. However, due to the contractual nature of GFAs, it is required that
TNCs consent to the content of a GFA in order to be bound by its
obligations. Thus, the GFA cannot serve as a guarantee for the protection of
labour rights within global supply chains.}},
  author       = {{Yenidogan, Deria Rumina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Labour Governance of Global Supply Chains: A Study of the Implications of Globalization on Labour Law and the Protection and Enforceability of Labour Rights Within Global Supply Chains}},
  year         = {{2020}},
}