Between private governance and public regulation: Covid-19 and workers’ rights in global garment supply chains

Daniel Augenstein; Stefania  Baroncelli; Orsolya Farkas

Between private governance and public regulation: Covid-19 and workers’ rights in global garment supply chains

Daniel Augenstein^*
, Stefania Baroncelli
, Orsolya Farkas

^*Corresponding author for this work

Public Law & Governance

Research output: Contribution to journal › Article › Scientific › peer-review

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Abstract

The article traces the adverse human rights impacts of business responses to COVID-19 in the garment sector to long-standing systemic problems in global supply chain management. It scrutinizes attempts by States and business enterprises in Europe to address these adverse impacts in the light of the ongoing implementation of the UN Guiding Principles on Business and Human Rights. The article discerns a shift in the European legal and policy framework from early attempts to promote corporate social responsibility to more recent modalities of home state regulation of corporations. In response to concerns that the EU’s regulatory turn in business and human rights may exhaust itself in perpetuating economic imperialism and market hegemony, the article highlights the importance of ensuring access to judicial remedies for foreign victims of business-related human rights violations; and of grounding unilateral home state regulation in a multilateral international legal framework.

Original language	English
Pages (from-to)	79-99
Number of pages	21
Journal	International Community Law Review
Volume	24
Issue number	1-2
Publication status	Published - 1 Mar 2022

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 8 Decent Work and Economic Growth
SDG 12 Responsible Consumption and Production
SDG 16 Peace, Justice and Strong Institutions

Keywords

UN Guiding Principles on Business and Human Rights
global supply chains
corporate social responsibility
corporate human rights
due diligence
European Union
homestate regulation
COVID-19
garment sector

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Between Private Governance and Public RegulationFinal published version, 1.76 MBLicence: Taverne

https://brill.com/view/journals/iclr/24/1-2/article-p79_5.xml

Global Law & Governance
Adams, M. (Researcher), Arnoldussen, T. (Researcher), Augenstein, D. (Researcher), Bastmeijer, K. (Researcher), Bijlmakers, S. (Researcher), Boot, E. (Researcher), Bot, M. (Researcher), De ruysscher, D. (Researcher), Fleurke, F. (Researcher), Goodwin, M. (Researcher), Goossens, J. (Researcher), Groenleer, M. (Researcher), Grover, L. (Researcher), Hendriks, F. (Researcher), Jägers, N. (Researcher), Karsten, N. (Researcher), Leenknegt, G.-J. (Researcher), Lesaffer, R. (Researcher), Lindahl, H. (Researcher), Maleki, A. (Researcher), Paiement, P. (Researcher), Partiti, E. (Researcher), Rajkovic, N. (Researcher), Raucea, C. (Researcher), Rombouts, B. (Researcher), Somsen, H. (Researcher), Trouwborst, A. (Researcher), Tzankova, I. (Researcher), Verschuuren, J. (Researcher), Wilthagen, T. (Researcher), Wolf, E. (Researcher), Wolswinkel, J. (Researcher), Zouridis, S. (Researcher), van Hulst, M. (Principal Investigator), van Waas, L. (Researcher), van der Schyff, G. (Researcher), Hirsch Ballin, E. (Researcher), Meuwese, A. (Researcher), Van Hulle, I. (Researcher), Stapper, M. (Researcher), Clements, R. (Researcher), Kari, V. (Researcher), Sipiorski, E. (Researcher), Mooij, A. (Researcher), den Hollander, M. (Researcher), Oosterom-Staples, H. (Researcher), van Bockel, B. (Researcher), Cavalcanti, M. (Researcher), Delgado, L. (Researcher), Geuens, M. (Researcher), Koenraad, R. (Researcher), Leach, M. (Researcher), Leijten, I. (Researcher), Leloup, M. (Researcher), Lukkari, H. (Researcher), Muslu, Z. (Researcher), Palombo, D. (Researcher), Bazzan, G. (Researcher), Frins, R. (Researcher), Gkliati, M. (Researcher), Kempeneer, S. (Researcher), Ranchordás, S. (Researcher), Timmermans, N. (Researcher), Huisman, P. (Researcher), Kaufmann, R. (Researcher), van Ostaaijen, J. (Researcher) & in 't Veld, M. (Researcher)
1/01/19 → 31/12/23
Project: Research project

Cite this

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title = "Between private governance and public regulation: Covid-19 and workers{\textquoteright} rights in global garment supply chains",

abstract = "The article traces the adverse human rights impacts of business responses to COVID-19 in the garment sector to long-standing systemic problems in global supply chain management. It scrutinizes attempts by States and business enterprises in Europe to address these adverse impacts in the light of the ongoing implementation of the UN Guiding Principles on Business and Human Rights. The article discerns a shift in the European legal and policy framework from early attempts to promote corporate social responsibility to more recent modalities of home state regulation of corporations. In response to concerns that the EU{\textquoteright}s regulatory turn in business and human rights may exhaust itself in perpetuating economic imperialism and market hegemony, the article highlights the importance of ensuring access to judicial remedies for foreign victims of business-related human rights violations; and of grounding unilateral home state regulation in a multilateral international legal framework.",

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AU - Baroncelli, Stefania

AU - Farkas, Orsolya

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AB - The article traces the adverse human rights impacts of business responses to COVID-19 in the garment sector to long-standing systemic problems in global supply chain management. It scrutinizes attempts by States and business enterprises in Europe to address these adverse impacts in the light of the ongoing implementation of the UN Guiding Principles on Business and Human Rights. The article discerns a shift in the European legal and policy framework from early attempts to promote corporate social responsibility to more recent modalities of home state regulation of corporations. In response to concerns that the EU’s regulatory turn in business and human rights may exhaust itself in perpetuating economic imperialism and market hegemony, the article highlights the importance of ensuring access to judicial remedies for foreign victims of business-related human rights violations; and of grounding unilateral home state regulation in a multilateral international legal framework.

KW - UN Guiding Principles on Business and Human Rights

KW - global supply chains

KW - corporate social responsibility

KW - corporate human rights

KW - due diligence

KW - European Union

KW - homestate regulation

KW - COVID-19

KW - garment sector

M3 - Article

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EP - 99

JO - International Community Law Review

JF - International Community Law Review

IS - 1-2

ER -

Between private governance and public regulation: Covid-19 and workers’ rights in global garment supply chains

Abstract

UN SDGs

Keywords

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Projects

Global Law & Governance

Cite this