Jurisgenerative role of auditors in transnational labor governance

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries' jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.

Original languageEnglish
Pages (from-to)280-298
Number of pages19
JournalRegulation & Governance
Volume13
Issue number2
Early online date2019
DOIs
Publication statusPublished - Jun 2019

Fingerprint

governance
labor
international labor law
freedom of association
interpretation
hermeneutics
factory
audit
uncertainty
literature

Keywords

  • CONDUCT
  • LAW
  • LIMITS
  • POSITIVISM
  • PRIVATE REGULATION
  • REGULATORY INTERMEDIARIES
  • RIGHTS
  • RISE
  • STANDARDS
  • auditor
  • hermeneutics
  • intermediary
  • labor
  • transnational private regulation

Cite this

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title = "Jurisgenerative role of auditors in transnational labor governance",
abstract = "This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries' jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.",
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Jurisgenerative role of auditors in transnational labor governance. / Paiement, Phillip.

In: Regulation & Governance, Vol. 13, No. 2, 06.2019, p. 280-298.

Research output: Contribution to journalArticleScientificpeer-review

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AB - This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries' jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.

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