Corporate Social Responsibility and Worker Rights: Institutionalizing Social Dialogue Through International Framework Agreements

International framework agreements (IFAs) represent a new generation of transnational agreements between multinational companies and global trade union federations. This paper analyzes the impact of such an agreement on a successful union organizing campaign in Colombia in 2012. We argue that management strategies towards corporate social responsibility and social dialogue influence the impact of IFAs on worker rights. However, this relationship is mediated by the capacity of managers and worker representatives at multiple levels to mobilize their capabilities. The results highlight the importance of institutionalized dialogue between managers and worker representatives, of the dissemination of capabilities across multilevel coordination structures and, most importantly, of their complementarities at various levels.     

Evaluating Strategies for Negotiating Workers’ Rights in Transnational Corporations: The Effects of Codes of Conduct and Global Agreements on Workplace Democracy

Following the offshoring of production to developing countries by transnational corporations (TNCs), unions and non-governmental organisations (NGOs) have criticised working conditions at TNCs’ offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers’ rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers’ rights. This article addresses this gap by analysing how codes of conduct and global agreements both independently and interactively affect workers’ rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri?Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers’ rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers’ rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers’ rights.     

Asian Transnational Corporations and Labor Rights: Vietnamese Trade Unions in Taiwan-invested Companies

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.Hong-zen Wang is the director of the Graduate Institute of Southeast Asian Studies at the National Chi Nan University, Taiwan. A sociologist, he has written widely on Asian labor and class issues. The most recent article The Impact of the State on Workers Conditions–Comparing Taiwanese Factories in China and Vietnam will be published in Pacific Affairs. His current research interests include industrial relations in Taiwan-owned or partially owned factories in Vietnam and the impact of global anti-sweatshop movement on the third world factories.     

坚持科学发展创新工会工作

高校工会要适应新形势、展现新作为,就要以科学发展观指导工作:一是谋划新思路,更好地融入中心、服务大局;二是要在发展和谐劳动关系中创造业绩,培育和谐精神;三是要在工会自身建设上彰显新特色,着力解决制约工会工作发展的突出问题。     

Shopping for Human Rights. An Introduction to the Special Issue

Globalization, free trade, and individualization have opened up a worldwide marketplace for trading goods. The fair trade movement and other political consumerist endeavours view consumers as important active holders of responsibility for global welfare. Civil society and governments strive to teach consumers how political consumerism can be used as a push factor to change market capitalism. The market itself can also create an interest in political consumerism and, thereby, teach consumers about the political responsibility embedded in their shopping choices. When this happens, the market works as a pull factor for securing human rights. Questions can be raised about the significance of political consumers as a way to solve complex global problems. Political consumerism may be a fair-weather option that loses its attractiveness in times of downward private and corporate economic spirals. Parts of the fair trade movement believe that there are problems with sole reliance on voluntary consumer choice and using personal money and private capital to solve human rights problems by shopping them away. The exponential growth of voluntary codes of corporate conduct and labelling schemes has also created contradictory practices, incoherence in efforts, and superficial changes or what activists call “sweatwash.” Increasingly, many actors call on international law to create new standards that apply direct human rights obligations on corporations.     

The Purpose of Trade Union Values: An Analysis of the ACTU1 Statement of Values

This paper uses the Australian Council of Trade Unions (ACTU) statement of union values as its point of departure to explore the purpose and role of trade union values. Specifically, the paper questions whether the role of values is purely symbolic, serving as a guide to unions, or whether values have a broader role. Furthermore, the paper questions the scope of the ACTU statement, which is currently based on the public work of unions. In conducting this analysis, union values are compared to the broader human values; moreover, the scope of the document is assessed against the historic activity and behaviour of unions as represented in extant union theory. Subsequently, the paper uses the emerging role of union values to critique the ACTU statement, concluding that while this statement makes a valuable contribution to union practice and debate, it can be extended to encompass other, more private areas of union activity.     

跨国公司内部贸易的无形资产产权界定分析

本文认为,目前跨国公司内部贸易成了国际贸易一种重要形式,界定跨国公司内部转让的无形资产产权不仅是确定转让价格是否符合正常交易价格标准的关键环节,也可加强防范跨国公司通过将无形资产在跨国子公司之间内部转移,人为地操纵转移价格,损害东道国税收利益。美国以及OECD(经济合作与发展组织)就有关跨国转让无形资产产权归属问题制定了一系列相关规则。我国在制定关于跨国公司内部转让无形资产方面的法律规范时,首先要界定产权归属,在这方面可以借鉴国际有关经验特别是美国的有关规定,在主张法定所有者对受法律保护的无形资产享有控制权并获得由无形资产带来的收益的同时,对不受法律保护的无形资产则可适用开发商——协助商法则。     

我国知识产权贸易存在的问题及对策

知识产权并非一个国家的天然禀赋,而是人类创造出来的。知识产权作为一种生产要素,能改变一国的比较优势和提升一国的竞争优势。知识产权贸易在国际贸易中所占的比重日益增大和作用日益显著,培育我们自己的知识产权对我国改善贸易环境也越发重要。     

行业协会在应对技术性贸易壁垒中的作用

应对技术性贸易壁垒要充分发挥行业协会的作用,以行业协会牵头建立一套技术性贸易壁垒系统的预警、应对机制,对下协调各会员企业之间的关系、保护会员企业利益,对上沟通与协调与政府有关部门的关系,对外代表行业进行贸易诉讼,建立与国外相关组织与企业的沟通。达到这一效果的关键在于行业协会的自身建设。     

European Union Market Access Conditions and Africa's Extensive Margin of Food Trade

This paper examines the impact of two European Union (EU) market access regulations in the food sector presumed to simultaneously affect firms’ decisions to export food products to the EU. We analysed EU pesticide standards on African exports alongside a complementary non‐tariff measure in the form of a minimum entry price regulation, which aims to protect EU growers of certain fruits and vegetables against international competition. Analysis was based on Africa's exports of tomatoes, oranges, and lime and lemon to the EU between 2008 and 2013, using the gravity model of trade. Our results show that EU market access conditions constitute significant barrier to the formation of new trade relation between the EU and Africa. In addition, initiation of trade relationships is contingent not only on market access conditions but also on domestic market constraints in Africa. These results imply that negotiating preferential entry prices duties and the removal of domestic market restraints as well as strengthening domestic capacity to comply with EU standards to enhance continuous market access for the continent could stimulate food trade along the extensive margin.     

简析国际贸易中的人权问题

在经济全球化的今天,国际贸易与人权的互动关系日益受到关注,由于发达国家和发展中国家在国际贸易中有各自的利益诉求,使得双方冲突加剧,特别是关于人权方面的问题已成为双方争执的焦点。为了使得双方能获得共赢的结果,加强合作,完善相关制度,提高争端解决机制的效率,是切实可行的解决措施。     

The Trade Effects of the EU–Turkey Customs Union

In the present study we argue that the salient features of both the EU‐15 countries and Turkey are conducive to making the effects of the 1995 EU–Turkey customs union asymmetric among the incumbent EU countries. In order to support our argument we rely on a model in which trade involves the exchange of vertically differentiated products. This model generates the prediction that the more contiguous an incumbent country is to the joining country in terms of technological sophistication, the larger will be the crowding out of this country's exports to the other incumbent countries as a result of the CU expansion. Using a gravity model we estimate the effects of the customs union between Turkey and the EU‐15 by differentiating between exports from (a) lower‐technology EU‐15 countries (we term this group of countries ‘South’) to higher‐technology EU‐15 countries (the ‘North’), (b) North to South, (c) South to Turkey, (d) North to Turkey, and (e) Turkey to EU‐15. Our econometric results indicate that, in contrast to North's exports to the other EU‐15 countries (which have remained intact), the Southern countries’ exports to the other EU‐15 countries have declined as a result of the CU. Moreover, the extra penetration of the Turkish market by the EU‐15 countries has not been more favourable to the Southern group.     

GATT第24条关于关税同盟和自由贸易区的实体外部标准解读

GATT/WTO多边贸易体制关于关税同盟和自由贸易区的纪律规定于GATT第24条。该条确立了自由贸易区、关税同盟和旨在建立关税同盟或自由贸易区的过渡性协议三种区域贸易安排的具体表现形式。根据WTO秘书处的研究报告,GATT第24条关于自由贸易区和关税同盟多边纪律,可以概括为三个条件:一是深度区域自由化的义务(内部标准);二是对区域外成员贸易保持中立的义务(外部标准);三是透明度义务。其中前两项为实体标准,第三项为程序性标准。纵观GATT第24条诸款,其第5款普遍被认为规定了自由贸易区和关税同盟的实体外部标准。实体外部标准所关注的是:虽然GATT的缔约方乃至WTO成员有权缔结自由贸易区和关税同盟,这种权利是有限度的,即,关税同盟和自由贸易区要对第三国的贸易保持中立,即不得以建立关税同盟和自由贸易区为名而使第三国的利益陷入不利。本文旨在系统而细致地研究GATT第24条规定的自由贸易区和关税同盟的实体外部标准。     

Impacts of Corporate Code of Conduct on Labor Standards: A Case Study of Reebok’s Athletic Footwear Supplier Factory in China

This study examines the social impacts of labor-related corporate social responsibility (CSR) policies or corporate codes of conduct on upholding labor standards through a case study of CSR discourses and codes implementation of Reebok – a leading branded company enjoying a high-profiled image for its human rights achievement – in a large Taiwanese-invested athletic footwear factory located in South China. I find although implementation of Reebok labor-related codes has resulted in a “race to ethical and legal minimum” labor standards when notoriously inhumane and seriously illegal labor rights abuses were curbed, Chinese workers were forced to work harder and faster but, earned less payment and the employee-elected trade union installed through codes implementation operated more like a “company union” rather than an autonomous workers’ organization representing worker’ interests. In order to explain the paradoxical effects of Reebok labor-related codes on labor standards, I argue the result is determined by both structural forces and agency-related factors embedded in industrial, national and local contexts. To put it shortly, I find the effectiveness of Reebok labor-related codes is constrained not only by unsolved tension between Reebok’s impetus for profit maximization and commitment to workers’ human rights, but also by hard-nosed competition realities at marketplace, and Chinese government’s insufficient protection of labor rights. Despite drawing merely from a single case study, these findings illuminate key determinants inhibiting the effectiveness of labor-related CSR policies or codes in upholding labor standards, and hence two possible way-outs of the deadlock: (1) sharing cost for improving labor standards among key players in global supply chain; and (2) combining regulatory power of voluntary codes and compulsory state legislations. I would like to thank three anonymous referees for helpful comments on earlier version of this article. I also would like to express my appreciation to professor Pun Ngai, for her continuous guidance and support during the work on this article.     

Globalisation,Women's Economic Rights and Forced Labour

Globalisation critics are concerned that increased trade openness and foreign direct investment exacerbate existing economic disadvantages of women and foster conditions for forced labour. Defenders of globalisation argue instead that as countries become more open and competition intensifies, discrimination against any group, including women, becomes more difficult to sustain and is therefore likely to recede. The same is argued with respect to forced labour. This article puts these competing claims to an empirical test. We find that countries that are more open to trade provide better economic rights to women and have a lower incidence of forced labour. This effect holds in a global sample as well as in a developing country sub‐sample and holds also when potential feedback effects are controlled via instrumental variable regression. The extent of an economy's ‘penetration’ by foreign direct investment by and large has no statistically significant impact. Globalisation might weaken the general bargaining position of labour such that outcome‐related labour standards might suffer. However, being more open toward trade is likely to promote rather than hinder the realisation of two labour rights considered as core or fundamental by the International Labour Organisation, namely the elimination of economic discrimination and of forced labour.     

自由贸易的新障碍:知识产权壁垒

近年来，随着知识产权保护水平的不断提高，出现了一种新形式的非关税壁垒一知识产权壁垒。它在知识产权保护的名义下，比传统的非关税壁垒更具隐蔽性、歧视性和报复性，对国际贸易的影响日益加深，因此应引起有关国家的高度关注。像中国这样的发展中国家应深入了解研究WTO规则，加强自主知识产权的开发，完善国内立法，以更好地应对国际知识产权壁垒。     

TNC Motives for Signing International Framework Agreements: A Continuous Bargaining Model of Stakeholder Pressure

Over the past decade, discussion has flourished among practitioners and academics regarding workers’ rights in developing countries. The lack of enforcement of national labour laws and the limited protection of workers’ rights in developing countries have led workers’ rights representatives to attempt to establish transnational industrial relations systems to complement existing national systems. In practice, these attempts have mainly been operationalised in unilateral codes of conduct; recently, however, negotiated international framework agreements (IFAs) have been proposed as an alternative. Despite their growing importance, few studies have empirically studied IFAs. This paper starts to fill this gap by studying why corporations adopt IFAs, based on a qualitative study of the process leading to the signing of a recent IFA. The study’s findings complement existing research into why corporations adopt IFAs, codes of conduct, and CSR policies by demonstrating that corporate motives can be linked to a desire to retain a trusting relationship with the labour union movement. In addition, the findings indicate that the discrete campaign model of stakeholder pressure dominant in previous research should be complemented by a continuous bargaining model of stakeholder pressure. The paper concludes by discussing differences between these conceptual models of stakeholder pressure and avenues for future research.

Freeport-McMoRan Copper &; Gold,Inc.: An Innovative Voluntary Code of Conduct to Protect Human Rights,Create Employment Opportunities,and Economic Development of the Indigenous People

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies.     

中美贸易摩擦对两岸经贸关系的影响

长期以来,"台湾接单-大陆生产-出口美欧"这一典型的三角贸易模式是两岸经贸合作的主要形式。经过多年的发展,两岸之间已经形成了密切的经贸联系。然而,在中美贸易摩擦持续发酵的背景下,尤其是在台湾当局"去中国化"经贸政策的影响下,两岸经贸合作面临的不确定性和困难有所增加。为规避中美贸易摩擦的消极影响,两岸经贸合作态势也出现相应调整。一是两岸贸易出现了明显的替代和转移效应;二是部分台商加快调整全球产业布局;三是两岸高科技产业合作步伐放缓。鉴于中美贸易摩擦前景尚不明朗,对两岸经贸关系的影响也值得持续关注。     

Trade and the enforcement of environmental property rights

Abstract

This paper explores the relationship between trade and the regulation of what are otherwise open-access resources when enforcement of property rights is costly. When enforcement costs are significant, environmental property rights are only adopted and enforced when the potential resource rents exceed the regulatory cost. Since trade affects the magnitude of these rents, trade can affect the willingness to regulate. One of the most striking consequences of the presence of an enforcement cost is that the decision to liberalize trade, even at autarkic prices, can result in a switch in the regulatory regime and potentially reduce economic welfare.