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Globalisation has placed democratic institutions under severe pressure as economic actors seek to take advantage of the disjuncture between national political governance and transnational economic activity. This chapter provides an introduction and overview as to the key themes to be addressed in the book. In particular, we highlight the debate between different approaches to democratic representation and associational democracy which is the theoretical framing for the remainder of the book: representation as claim versus representation as structure.
Transnational labour governance is in urgent need of a new paradigm of democratic participation, with those who are most affected - typically workers - placed at the centre. To achieve this, principles of industrial democracy and transnational governance must come together to inform institutions within global supply chains. This book traces the development of 'transnational industrial democracy', using responses to the 2013 Rana Plaza disaster as the empirical context. A particular focus is placed on the Bangladesh Accord and the JETI Workplace Social Dialogue programme. Drawing on longitudinal field research from 2013–2020, the authors argue that the reality of modern-day supply chain capitalism has neither optimal institutional frameworks nor effective structures of industrial relations. Informed by principles of industrial democracy, the book aims at enhancing emerging forms of private transnational governance as second-best institutions.
The emphasis of this chapter is on particular BHR issues and challenges as they arise in different industries, how those industries deal with them, and what specific policy instruments have been put in place to address those issues. The brief overviews provided do not aim at being comprehensive, but rather at giving short introductions to the prevailing challenges, solutions, and best practices in some of the industries that are most exposed to human rights risks and impacts. Furthermore, it will outline some of the more prominent sector-specific guidelines and initiatives in these industries.The following industries are dealt with: the Extractive sector; the Finance and Banking sector; the Information and Communication Technology sector; the Garment and Footwear sector; and the Food, Beverage, and Agribusiness sector.
The focus of this chapter is the use of international arbitration for BHR disputes. The first part sets out the theoretical framework. It places arbitration within the context of the UN Guiding Principles on Business and Human Rights (“UNGPs”) and the barriers to individuals securing remedies. The merits and limitations of arbitration as an existing mechanism for resolving BHR disputes are discussed. The authors also consider how international arbitration, with appropriate modifications, may be complementary to, and operate in parallel with, both existing state-based judicial mechanisms as well as possible multilateral institutions for resolution of BHR disputes in the future. The second part of the chapter considers the pragmatic angle of arbitration of BHR disputes through: (i) the prism of the experience of the Bangladesh Accord Arbitrations; (ii) the formulation of BHR-specific arbitral procedures in the form of the Hague Rules; and (iii) the potential embrace of BHR arbitration in a range of specific industries, namely fast fashion, mega-sporting events, and commerce at sea.
This part introduces the broader debates linked to children’s rights in supply chains, discussing supply chain management and regulation issues such as traceability and impactability.