In this paper, we provide as accurate a picture as possible of transnational trade in human eggs involving Canadians. We explain the legal status in Canada, and call for reform in the regulation, of such trade.

In Canada there is a growing demand for human eggs for reproductive purposes and currently demand exceeds supply. This is not surprising, as egg production and retrieval is onerous. It requires considerable time, effort, and energy and carries with it significant physical and psychological risks. In very general terms, one cycle of egg production and retrieval involves an estimated total of 56 hours for interviews, counseling, and medical procedures. The screening carries risks of unanticipated findings with severe consequences for insurability. (...) The daily hormone injections can be painful and uncomfortable, causing cramping, abdominal pain, nausea, vomiting, bloating, mood changes, and irritability. (shrink)

The 1950s were a frenetic moment in the European integration process during which the European Economic Community (EEC), the ultimately abortive Free Trade Area (FTA), and subsequently the European Free Trade Association (EFTA) were all negotiated. Trade unions showed keen interest in these schemes; moreover, their own highly institutionalised cooperation suggested they might come to play a key role in shaping them. And yet scholars have argued how divergent traditions and domestic pressures precluded the emergence of a (...) coherent trade union platform on European unity. While not rejecting the structural weaknesses of union internationalism in this regard, this article asks why union centres nevertheless continued to engage with one another on the integration question. Focusing on the British Trade Unions Congress (TUC) and deploying a transnational approach to best understand the interaction between the national and international levels, it shows that union linkages still offered the TUC and its counterparts a valuable chance to learn from and persuade others – and even their governments – of their views, objectives and affairs. Such trade union diplomacy was thus in and of itself valuable despite wider union spats and misgivings, and did at times impact the broader language and approach of the countries involved. (shrink)

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. (shrink)

We are in an era of uncertainty over whose rules will govern global economic integration. With the growing market share of Chinese firms and the power of the Chinese state it is unclear if Western firms will continue to dominate transnational governance. Exploring these dynamics through a study of contract rules in the global cotton trade, this article conceptualizes commodity chain governance as a contested process of institution-building. To this end, the global commodity chain/global value chain framework must (...) be revised to better account for the broader institutional context of commodity chain governance, institutional variation across space, and strategic action in the construction of legitimate governance arrangements. I provide a more dynamic model of GCC governance that stresses how strategic action, existing institutions, and dominant discourses intersect as firms and states compete for institutional power within a commodity chain. This advances our understandings of how commodity chain governance emerges and changes over time. (shrink)

In combining the micropolitics approach in international management, the industrial relations literature and business ethics, this article conceptualizes global framework agreements as an alliance between central CSR managers of transnational corporations and central actors within trade unions to monitor subsidiaries in the implementation of CSR policies. The empirical investigation, based on the qualitative analysis of ten French multinational companies, confirms the relevance of such a conceptualization. It particularly shows that central CSR managers hope mobilizing the union network to (...) increase their capacity to supervise subsidiaries. Over there, it helps understanding concrete mechanisms adopted to implement global framework agreements since, in some of the studied cases, the managerial and union channels are coordinated precisely to strengthen this capacity. It, then, highlights the procedural nature of policies regarding global framework agreements. Overall, this paper examines the conditions necessary for mobilization of the union network and suggests avenues for future research. (shrink)

Private governance raises important questions about democratic representation. Rule making is rarely based on electoral authorisation by those in whose name rules are made—typically a requirement for democratic legitimacy. This requires revisiting the role of representation in input legitimacy in transnational governance, which remains underdeveloped. Focussing on private labour governance, we contrast two approaches to the transnational representation of worker interests in global supply chains: non-governmental organisations providing representative claims versus trade unions providing representative structures. Studying the (...) Bangladesh Accord for Fire and Building Safety, we examine their interaction along three dimensions of democratic representation: 1) creating presence, 2) authorisation, and 3) accountability to affected constituents. We develop a framework that explains when representative claims and structures become complementary but also how the politics of input legitimacy shapewhoseinterests get represented. We conclude by deriving theoretical and normative implications for transnational representation and input legitimacy in global governance. (shrink)

Transnational trade is at the heart of the global economy. Trade relations often transcend both ideological divides and regime type. Trading with autocratic regimes, however, raises significant moral issues. In their recent book, On Trade Justice, Mathias Risse and Gabriel Wollner argue that trade with autocratic regimes is morally permissible only under a very limited set of circumstances. This article discusses the morally permissible trade policies that liberal democracies ought to adopt toward autocratic regimes. (...) Liberal democracies trading with autocratic regimes have a special obligation to improve the human rights conditions in these regimes. This duty is partly based on their complicity in human rights violations and on the fact that the democracies benefit from these violations in their trading relationships. Their responsibility goes beyond the improvement of labor conditions and requires various strategies such as imposing trade sanctions and export controls, and making trade conditional on human rights performance. (shrink)

This paper addresses the issue of food security in developing countries and how agriculture plays an important role in achieving not only food security, but also in reducing poverty and promoting sustainable development. The promotion of trade liberalization by the World Trade Organization (WTO) through the Agreement on Agriculture (AoA) has undermined the productive capacity of developing countries and their comparative advantage in the agricultural sector, marginalizing small-scale farmers and benefitting the big corporations. The paper looks at the (...) issue of intellectual property rights that big corporations have for seeds and their effects on small-scale farmers, and how corporate social responsibility (CSR) is insufficient to regulate the dominance of big corporations in the food and agricultural market. The paper is divided into seven sections: trade liberalization and food security, the WTO and the AoA, the effects of the AoA on developing countries, the role of transnational corporations (TNCs) on food security, CSR and TNCs, policy recommendations, and conclusions. (shrink)

Transnational cooperation -- Principles of collective action and game theory -- Market failure and collective action -- Transnational public goods: taxonomy, institutions, and subsidiarity -- Sovereignty, leadership, and us hegemony -- Foreign aid and global health -- International trade -- Global finance -- Transnational crime: drugs and money laundering -- Political violence: civil wars and terrorism -- Rogue and failed states -- Environmental cooperation -- Conclusion.

Like all technologies, nanotechnology will inevitably present risks, whether they result from unintentional effects of otherwise beneficial applications, or from the malevolent misuse of technology. Increasingly, risks from new and emerging technologies are being regulated at the international level, although governments and private experts are only beginning to consider the appropriate international responses to nanotechnology. In this paper, we explore both the potential risks posed by nanotechnology and potential regulatory frameworks that law may impose. In so doing, we also explore (...) the various rationales for international regulation including the potential for cross-boundary harms, sharing of regulatory expertise and resources, controlling protectionism and trade conflicts, avoiding a “race to the bottom” in which governments seek economic advantage through lax regulation, and limiting the “nano divide” between North and South. Finally, we examine some models for international regulation and offer tentative thoughts on the prospects for each. (shrink)

The paper briefly summarises the historical evolution of transnational corporations and their activities. It then introduces the major theories developed to explain the TNC. There is an attempt to place the theories historically, within the context of the socio-economic … More ›.

This empirical study explores the characteristics and degree of implementation of so-called ethics hotlines in transnational companies (TNCs), which allow employees to present allegations of wrongdoing and ethical dilemmas, as well as to report concerns. Ethics hotlines have not received much attention in literature; therefore, this paper aims to fill that gap. Through the analysis of conduct/ethics codes and the compliance programs of the top 150 transnational companies ranked by the United Nations Conference on Trade and Development (...) (UNCTAD) ( 2007 ), we carry out a descriptive and taxonomic study of these companies’ ethics hotlines. We analyze: (1) the basic characteristics of the mechanism, (2) the degree of exigency and the provision of safeguards, (3) the matters reported and the systems for reporting, and (4) the relationships between hotlines and economic characteristics of the firm. Our study compares financial and nonfinancial TNCs as well as North American and European TNCs. Our results show that many firms (especially from North America) have established these procedures. We also find some disparities between European and North American ethics hotlines that suggest differences in the orientation of the procedures. (shrink)

The past decade has seen major movements and mobilizations against the new crop of bilateral free trade and investment agreements being pursued by governments in the wake of the failure of global (World Trade Organization) and regional (e.g. Free Trade Area of the Americas) negotiations, and the defeat of an attempted Multilateral Agreement on Investment in the 1990s. However, in spite of much scholarly, non-governmental organization (NGO) and activist focus on transnational global justice activism, many of (...) these movements, such as the major multi-sectoral popular struggle over the recently-concluded US-Korea Free Trade Agreement, are hardly acknowledged in North America and Europe. With a shift in emphasis pushing liberalization and deregulation of trade and investment increasingly favouring lower-profile bilateral agreements, this article maps the resistance movements to these latest shifts in global free market capitalist relations and discusses the disconnect between these (mainly Southern) struggles and dominant scholarly and NGO conceptions of global justice and the global justice movement as well as questions of knowledge production arising from these movements. (shrink)

European prostitutes occupied an important intermediary status in colonial Bombay’s racially stratified sexual order. In this article, the author offers a transnational feminist analysis of how the colonial state managed its racial and spatial location. The colonial state individuated, fostered, and monitored European prostitutes much more closely than others involved in the sex trade, and “coercive protection” by the police and brothel mistresses kept European brothel workers within their assigned spaces. Paradoxically, international antitrafficking efforts in colonial Bombay consolidated, (...) rather than undermined, these relations of coercive protection. The League of Nations’ antitrafficking measures in the 1920s encouraged the police to focus on cross-nationalcases andthird-partyprocurers andto overlook women who were deemed insufficiently pure. Comparing police, missionary, and social workers’ records, the author offers a critique of both international antitrafficking discourses and the Indian colonial state’s interests in sustaining the sex trade. (shrink)

Trade and immigration are generally described as separate dimensions of globalization. This Article challenges that story by focusing on settings where states and private actors are bringing the two together to achieve disparate economic and policy goals. In one of the two sets of cases analyzed here, governments in the Global South are seeking to increase trade through the use of migrant labor, attracting transnational firms to export manufacturing zones by importing lower-cost workers from other countries. In (...) the other, policymakers in the Global North are seeking to decrease immigration through the use of trade by investing in export processing zones in migrant origin countries, on the theory that more trade, and the employment it creates, will deter onward migration to the Global North. I use these contexts as the starting point for a reconsideration of core ideas in trade and migration policy and theory. In the first set of cases, governments are constructing a comparative advantage in labor from whole cloth, by bringing in workers from other countries on terms that restrict their freedom and subject them to exploitation at work. This challenges the usual description in the trade literature of labor cost as a natural phenomenon based on local wage and productivity levels, and thus a legitimate source of advantage in trade. Meanwhile, transnational firms that locate production in such export processing zones sidestep the ordinary choice between benefiting from global wage differentials by moving work overseas or by hiring migrant workers. Instead, they do both simultaneously, a strategy I term “double labor arbitrage.” I explore the ways in which the construction of comparative advantage and double labor arbitrage operate together to extract additional value from workers for the benefit of states and corporations. With regard to the second set of cases, I draw on recent empirical economic scholarship to challenge the argument that more trade will decrease emigration. More profoundly, I question the normative justification for these proposals, given the treatment of workers in the zones. Although proposed as a “solution” to immigration, I argue that they are much more likely to deepen the problems that drive it. Immigration and trade law do not bar any of the developments I analyze here. The question is whether they should. This Article—the first step in a larger project—launches that inquiry. (shrink)

Abstract:This essay aims to bring two important lines of inquiry and criticism together. It first lays out an institutionally enriched account of what a just world economic order will look like. That account prescribes, via the requisites to that mechanism which most directly instantiates the account, “three realms of equal treatment and market completion”—the global products, services, and labor markets; the global investment/financial markets; and the global preparticipation opportunity allocation. The essay then suggests how, with minimal if any departure from (...) familiar canons of traditional international legal mandate interpretation, each of the Bretton Woods institutions—particularly the GATT/WTO and the IMF—can be viewed at least in part as charged with the task of fostering equal treatment and ultimate market completion within one of those three realms. The piece then argues that one of the institutions in particular—the World Bank—has, for reasons of at best negligent and at worst willful injustice on the part of influential state actors in the world community, fallen farthest short in pursuit of what should be viewed as its proper mandate. The article accordingly concludes that a fuller empowerment of the Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice; and that full empowerment of the GATT/WTO and IMF should be partly conditioned upon the fuller empowerment of the Bank. (shrink)

Specific studies of the “situated ethics” of international surrogacy that address the structural conditions and local moral economies that sustain the trade are needed. In this essay, I describe the intimate industry of surrogacy in Thailand, exploring the local moral economy in which surrogacy is described as a form of Buddhist merit making and an opportunity to provide for one’s own children. This offers a further example of how other ethical values beyond the strictly economic are negotiated in commercial (...) surrogacy relationships. Situated ethics allow us to locate and understand the tensions, competing logics, and contradictions within ethical practices. (shrink)

This Article discusses the impact of the international financial crisis on Brazilian capital markets. While the banking industry was not severely affected, leading nonfinancial corporations experienced severe financial turmoil. Two Brazilian corporations cross-listed in the United States - Sadia S.A. and Aracruz Celulose S.A. - suffered billion-dollar losses when the Brazilian real unexpectedly plummeted in relation to the dollar. Despite earlier disclosure that these companies had engaged only in pure hedging activity, these great losses were found to be the result (...) of their highly speculative trading in currencyderivatives. Consequently, several private lawsuits were filed both in the United States and in Brazil. This Article takes a novel approach to the transnational securities litigation debate by examining the particular consequences of private litigation in a developed and in an emerging country. It compares the types of lawsuits filed and their final outcomes. Despite substantially similar alleged wrongdoing, the outcomes for securities holders in each jurisdiction contrast strikingly. Only U.S. investors of both companies were able to obtain substantial financial recoveries; Brazilian investors obtained none. This Article examines the reasons behind these discrepant results and the consequent economic distributional effects on global securities markets after the U.S. Supreme Court decision in Morrison. The Article argues that Morrison aggravates such shareholder cross-border non pro rata compensation and transfers of company value from foreign to U.S. investors. It identifies a set of costs borne by foreign investors, and so far neglected by scholars, as a consequence of the current status of U.S. and international securities law regimes. These costs are the result not only of the typical “circularity problem” in securities litigation, but also of a “double circularity problem” as they fall on foreign shareholders who also suffered equivalent damages to those experienced by the U.S. class being compensated. The Article then discusses potential policy reforms for fixing transnational securities litigation. (shrink)

Recent scholarship has focused on the tensions, contradictions, and limits of place-based branding through labels of origin, place-named agricultural products, and geographical indications. Existing literature demonstrates that even well-intentioned efforts to use place-based branding to protect the livelihoods and cultural and ecological practices of small producers are often undermined by transnational firms, states, and local elites who attempt to capture the benefits of these marketing strategies. Yet, little attention has been given to the implications of place-based branding for competition (...) among geographically dispersed agricultural producers. While place-based branding can be used for emancipatory ends, it can also be used strategically by agricultural producers to expand their market share at the expense of others. To explore these dynamics, I trace an alternative history of place-based branding that begins not in the potentially emancipatory politics of protecting terroir but rather in the tensions and contradictions characterizing the rise and decline of the US food regime. Drawing on a cross-time comparison of branding strategies within the global cotton trade, I make two key arguments. First, I argue that US producers and the US state forged the use of different types of branding strategies in response to the distinct tensions and contradictions characterized by the rise and decline of the US food regime. Second, these distinct branding strategies organized competition among geographically dispersed cotton producers in different ways. (shrink)

This article examines two spheres of global governance in which the World Health Organization (WHO) has sought to exercise international leadership — combating “counterfeit” medicines and illicit trade in tobacco products. Medicines and tobacco products lie at polar opposite ends of the health spectrum, and are regulated for vastly different reasons and through different tools and approaches. Nevertheless, attempts to govern counterfeit trade in each of these products raise a host of somewhat similar challenges, involving normative and operational (...) conflicts that cut across the crowded intersection of health protection and promotion, intellectual property protection, and activity to combat transnational organized crime. As negotiations of an illicit trade protocol to the WHO Framework Convention on Tobacco Control enter their final stages, lessons learned from counterfeit medicines governance need to be applied to ensure that the most appropriate governance arrangements are adopted. (shrink)

Go to Grazia Ietto-Gillies’ paper here ›.

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly (...) fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC. (shrink)

How do “international” epistemic communities shape regulatory contests between transnational firms and civil society organizations in the Global South? With the establishment of the World Trade Organization, member states committed to basing trade-restrictive national regulations on science-based “international” standards set by “international” standard-setting bodies. Yet we know little about how the WTO regime has shaped the operation of epistemic communities within standard-setting bodies and, in turn, how standard-setting bodies articulate with national policy-making processes in the Global South. (...) Building on work in the new political sociology of science, I argue that neoliberal globalization and the establishment of the WTO have created incentives for Western epistemic communities to at once cast themselves as “international” under the WTO regime and orient their scientific agendas toward the priorities of transnational firms. Moreover, this transformation of epistemic communities has created opportunities for transnational firms facing contentious policy environments in the Global South to effectively outsource regulatory decision-making to “international” epistemic communities that can claim legal status under the WTO regime. Empirically, I focus on the case of one Western epistemic community—the Association of Analytical Communities International—and its claim to epistemic jurisdiction over pesticide residue standards for soft drinks in India. (shrink)

The interpretive strategy of this article is to identify the joint stock company as an independent unit of analysis in Adam Smith's theory of international political economy. Such companies, in Smith's view, had corrupted and captured many European and non-European governments and undermined their societies' ability to engage in peaceful transnational affairs and equitable self-rule. In contrast with Smith's well-known concerns about the rise of commerce in modern Europe in his four-stage account of social development-- which were outweighed, in (...) his view, by the many material benefits and personal liberties brought about by the eclipse of feudalism--his narrative of globalization offers a trenchantly critical appraisal of commercial practices that ultimately undermine many of the gains that the initial rise of modern commerce once made possible. Even in his rare moments of optimism about the future of global relations, Smith remained deeply ambivalent about globalization. (shrink)

Wage inequality and land and labor insecurity are critical barriers to sustainable palm oil production among those employed in Indonesia’s small-farm sector. Palm oil contract farming, a pre-harvest agreement between palm oil farmers and transnational processors and traders, facilitates smallholder participation in global agro-commodities markets, improves smallholder livelihoods, and promotes local economic development in rural communities. But negative externalities in contract farming can emerge depending on whether corporate guarantors of contract-farm assets manage farmer assets equitably. This study explores how (...) contract farming agreements between smallholder farmers of palm oil and futures traders of palm stocks impact the long-term economic development of smallholder palm oil farming in Indonesia. We examined the relative impact of transnational palm oil corporations on smallholder assets in the Indonesian palm oil industry using annual financial data (2003–2019) from Indonesian commodities trading firms. Temporal trends indicated that oligopolistic market conditions were strongly associated with a growing comparative advantage in palm oil, the asymmetric accumulation of land resources by transnational firms, and excessive firm revenues from palm farmer activities. Our regression modelling results suggested that the comparative advantage in Indonesian palm oil was driven by state-oriented policies such that benefit palm traders but disadvantage smallholder farmers. And, through non-metric multidimensional scaling, we demonstrated that smallholder farmers were inefficiently used by firms to produce palm oil, but that smallholder assets were a significant driver to firm revenue growth. Notwithstanding the adverse consequences on palm farmers, these results indicate a set of unique effects of palm oil contract farming on land and labor security in Southeast Asia. The paper reasons that a system of inequitable contract farming is operating in the Indonesian palm oil industry, whereby smallholder palm oil farmers are trapped by transnational firms into socio-economic farming schemes of low oil yield and non-market activity, thus providing palm firms with lucrative non-market revenue streams. Large transnational trading firms are thereby implicated in the long-run commodification of smallholder land for marginal fruit production while exploiting a farmer’s non-market advantages through the manipulation of farmer assets. (shrink)

This Element argues that although Kant's political thought does not tackle issues of global poverty and inequality head on, it nonetheless offers important conceptual and normative resources to think of our global socioeconomic duties. It delves into the Kantian duty to enter a rightful condition beyond the state and shows that a proper understanding of this duty not only leads us to acknowledge a duty of right to assist states that are unable to fulfil the core functions of a state, (...) but also provides valuable hints at what just transnational trade relations and a just regulation of immigration should look like. (shrink)

It is generally believed by governing political parties, economists, business people and other believers in global market doctrine that those who oppose "free trade agreements" are misled, uninformed and "do not really know what they are protesting against". At the same time, the opponents of these transnational trade-and-investment restructurings have diverse concerns ranging from loss of democratic sovereignty, labour rights and environmental protection of majority-world oppression, the growth of poverty and inequality, and global cultural homogenization. The following (...) analysis integrates the growing multitude of critical attacks on these extra-parliamentary agreements into a systematic anatomy of the latter's underlying structure whose regulating principles are not yet recognised or debated in business, political or economic circles. (shrink)

To avoid the commercialization of reproduction, the Canadian Assisted Human Reproduction Act prohibits the purchase of human eggs. We endorse this legal prohibition and moreover believe that this facet of the law should not be allowed to have as an unintended consequence an increase in transnational trade in human eggs. In an effort to avoid this consequence, and to be consistent with the AHR Act, we advocate the pursuit of national altruistic self-sufficiency. This article briefly outlines a number (...) of strategies to increase the domestic altruistic supply of third-party eggs and decrease the domestic demand for them. (shrink)

The past two decades have witnessed an explosion in the population of women prisoners in Europe, North America and Australasia, accompanied by a boom in prison construction. This article argues that this new pattern of women's incarceration has been forged by three overlapping phenomena. The first is the fundamental shift in the role of the state that has occurred as a result of the neo-liberal globalization. The second and related phenomenon is the emergence and subsequent global expansion of what has (...) been labeled a ‘prison industrial complex’ made up of a intricate web of relations between state penal institutions, politicians and profit-driven prison corporations. The third is the emergence of a US-led global war on drugs which is symbiotically related and mutually constituted by the transnational trade in criminalized drugs. These new regimes of accumulation and discipline, I argue, build on older systems of racist and patriarchal exploitation to ensure the super-exploitation of black women within the global prison industrial complex. The article calls for a new anti-racist feminist analysis that explores how the complex matrix of race, class, gender and nationality meshes with contemporary globalized geo-political and economic realities. The prison industrial complex plays a critical role in sustaining the viability of the new global economy and black women are increasingly becoming the raw material that fuels its expansion and profitability. The article seeks to reveal the profitable synergies between drug enforcement, the prison industry, international financial institutions, media and politicians that are sending women to prison in ever increasing numbers. (shrink)

The 1980s and 1990s have witnessed an explosion in the population of women prisoners in Europe, North America and Australasia, accompanied by a boom in prison construction. This article argues that this new pattern of women's incarceration has been forged by three overlapping phenomena. The first is the fundamental shift in the role of the state that has occurred as a result of neo-liberal globalization. The second and related phenomenon is the emergence and subsequent global expansion of what has been (...) labelled a ‘prison industrial complex’ made up of an intricate web of relations between state penal institutions, politicians and profit-driven prison corporations. The third is the emergence of a US-led global war on drugs which is symbiotically related and mutually constituted by the transnational trade in criminalized drugs. These new regimes of accumulation and discipline, I argue, build on older systems of racist and patriarchal exploitation to ensure the super-exploitation of black women within the global prison industrial complex. The article calls for a new anti-racist feminist analysis that explores how the complex matrix of race, class, gender and nationality meshes with contemporary globalized geo-political and economic realities. The prison industrial complex plays a critical role in sustaining the viability of the new global economy and black women are increasingly becoming the raw material that fuels its expansion and profitability. The article seeks to reveal the profitable synergies between drug enforcement, the prison industry, international financial institutions, media and politicians that are sending women to prison in ever increasing numbers. (shrink)

We examine crime that emerges from the global restructuring of agriculture and food systems by employing the case of the Australian “Ship of Death,” whereby nearly 58,000 sheep were stranded at sea for almost 3 months in 2003, violating the Western Australia Animal Welfare Act of 2002. This case demonstrates that the acceleration of transnational trade networks, in the context of agri-food globalization, victimizes animals and constitutes a crime. Herein, we examine this case in depth and show how (...) economic restructuring, driven by a “logic of capital” orientation, can exert pressure on the state causing it to fail to enforce its own regulations and in this way engage in criminal actions. (shrink)

In article it is considered separate questions of activity of the Ministry of Internal Affairs of Ukraine concerning development of the international cooperation with law-enforcement structures of other countries, the governmental and non-governmental organizations in sphere of counteraction to human trade. It is analyzed legal base formation, development of forms and methods of activity of special divisions of the Ministry of Internal Affairs of Ukraine in struggle against this kind of transnational criminality, it is made the conclusions concerning (...) necessity of the using complex, present oriented actions of counteraction to this kind of criminality. (shrink)

In the current era, governments are playing smaller roles in regulating workers’ rights internationally, and transnational corporations (TNCs), non-governmental organisations (NGOs) involved in the struggle for workers’ rights, and labour/trade unions have started to fill this governance gap. This paper focuses on the least researched of the relationships among these three actors, the union–NGO relationship, by analysing the ways in which it affects definitions of TNC responsibility for workers’ rights at their suppliers’ factories. Based on a qualitative study (...) of the union–NGO relationship in the Swedish garment industry between 1996 and 2005, we propose that there are six main configurations of union–NGO relationships. By linking these configurations to their effects on TNC responsibility, we propose that co-ordination relationships between unions and NGOs, particularly high-commitment co-ordination relationships, are likely to result in a broadening of the definition of TNC responsibility, while conflictual relationships, both high and low commitment, result in a narrowing of the definition of TNC responsibility. The study indicates that co-operation is generally more beneficial for both unions and NGOs than is any form of conflictual relationship, in terms of broadening the definition of TNC responsibility. (shrink)

Femmes de grandes tribus commerçantes, filles de bonnes familles ou de groupes statutairement méprisés, héritières rebelles ou épouses prospères, ou encore amoureuses vagabondes, les quatre businesswomen présentées dans ce travail sont, sans doute, les pionnières de la classe d’affaires féminine mauritanienne. De la fin de la période coloniale aux premiers pas de la Mauritanie indépendante, l’analyse des trajectoires professionnelles et des itinéraires personnels de ces Dames – constitués d’une multitude d’opportunismes et de pieds de nez à l’ordre social établi – (...) donne à comprendre leurs capacités à s’établir comme des notables fortunées et incontournables dans la sphère commerçante transnationale balisée par les hommes. Elles incarnent tout simplement, aux yeux du chercheur, une mise en réseau du monde bien antérieure aux théories postmodernes d’un capitalisme désorganisé. Elles incarnent en Mauritanie les protagonistes principales de success stories au féminin. (shrink)

Bilateral trade agreements are the preferred mode of transnational regulation for the People’s Republic of China. China has made promises on labor rights in draft bilateral agreements that it has not previously made in any other venue. The future of transnational labor regulation requires Chinese participation. Bilateral agreements should therefore become a normal part of transnational labor law. Model labor rights provisions for bilateral agreements should be promulgated. Consultative and informal enforcement will be necessary.

The pursuit of economic opportunity has frequently put transnational manufacturing enterprises in the spotlight, accused of contributing to, if not causing, economic hardship, social deprivation, unsustainable growth, labour exploitation, resource plundering and ecological degradation in home and host countries. A substantial part of international trade now consists of intra-firm sales, or commercial transactions between units of the same business corporation, within or beyond the national borders of the parent company. Known as transfer pricing and viewed as a legitimate (...) business opportunity by transnational corporations, it is often used to misrepresent financial success and evade taxation. This has recently instigated many fiscal agencies and governments to take more draconian measures than ever before to protect national financial interests. However, while the fiscal legality of transfer pricing practices is now carefully scrutinized, the heightened interest in its tax aspects has neglected the considerable ethical issues it entails. Unethical transfer pricing behaviour consumes scarce resources, causes costs but does not create value. This paper identifies and discusses some of these ethical issues and assesses their implications for the internalisation of trade, the design of transfer pricing systems, and international tax rules. Opportunities for future research are also outlined. (shrink)

This special issue re-evaluates the 1950s as a period of transnationalism in ideas and political practices, offering innovative insights into political history and political ideas. Without setting the national and transnational spheres against each other, the issue argues that the dialectics between the two was a defining element of Europe in this period. The articles explore transnational cooperation and exchanges among intellectuals, politicians and trade unionists, showing how they were changing in their interaction. The editorial sets out (...) from the research on the postwar configuration of Europe based on the retake of the nation state, combining it with new research of transnational history and putting out some methodological innovations. The editorial also highlights some significant themes across the articles: the central role of translation and localisation, the interaction with local interests and disputes, the Cold War, the acceleration of European integration, the rise of the Third World, the tensions between hope and fear or between nihilism and rebirth of Europe, the centrality of science. (shrink)

Critics of international trade agreements often cast them as threats to human health, and they can point to some sobering warnings from world history. Infectious diseases have swept across political boundaries, carried by traders, colonists, and other agents of globalization. Transnational epidemics have laid economies low, undermining political stability. The spread of viruses and bacteria to peoples previously unexposed and therefore lacking immunity has decimated populations and changed the political course of continents. Trade, exploration, and warfare have (...) repeatedly produced encounters between peoples at different levels of agricultural and technological development. Often, the results have been devastating for the disadvantaged group — economic marginalization, loss of sovereignty and culture, and collapse of public health. Yet the rise of civilization — plant and animal domestication, division of labor, technology, and resulting prosperity — was powered in large part by movement of products and knowledge along routes of trade and migration. (shrink)

Critics of international trade agreements often cast them as threats to human health, and they can point to some sobering warnings from world history. Infectious diseases have swept across political boundaries, carried by traders, colonists, and other agents of globalization. Transnational epidemics have laid economies low, undermining political stability. The spread of viruses and bacteria to peoples previously unexposed and therefore lacking immunity has decimated populations and changed the political course of continents. Trade, exploration, and warfare have (...) repeatedly produced encounters between peoples at different levels of agricultural and technological development. Often, the results have been devastating for the disadvantaged group — economic marginalization, loss of sovereignty and culture, and collapse of public health. Yet the rise of civilization — plant and animal domestication, division of labor, technology, and resulting prosperity — was powered in large part by movement of products and knowledge along routes of trade and migration. (shrink)

In this article, I explore how the twin forces of imperial and entomological power allowed Britain to shape locust research and control across Africa, the Middle East and South Asia from the 1920s to the early 1950s. Imperial power came from the size of the formal and informal empire, and alliances with other colonial powers to tackle a common threat to agriculture and trade. Entomological authority came primarily from the work of Boris Uvarov and his small team of museum (...) and fieldworkers based at the Imperial Bureau of Entomology (IBE), later the Imperial Institute of Entomology (IIE). I begin by discussing how Uvarov's phase theory of the origin of swarming changed the prospects for the control of locust plagues. The imperial gaze and networks of the IBE and IIE were suited to a problem that was transnational and transcontinental. In the 1930s, Britain was drawn into plans for international cooperation on locust organizations that met the needs of science, to give better sharing of knowledge, and the needs for science, to secure the resources for research and control. However, such organizations were only created during the Second World War, when new plagues threatened military operations, as I show in relation to the measures taken to control the red locust and desert locust. In the final section, I follow the fate of the wartime cooperation in initiatives to establish permanent control organizations. It is a story of the decline of British political power in locust affairs as the United Nations Food and Agriculture Organization and regional agencies took over. My account of British locust research and control reveals a neglected aspect of histories of entomology and imperial/colonial science, especially their international relations and the continuing importance of metropolitan research centres. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making the scale (...) of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

In a globalized world nation state governments are no longer able to control the behaviour of global economic actors via legislation and execution. At the same time transnational organizations such as the UN, the ILO or the WTO have not yet established a suitable world order for the global economy. Critics of globalization raise concerns that in many countries multinational firms and their suppliers do not comply to human rights or to social and environmental standards. At the same time, (...) local governments do not enforce these standards and transnational organizations are not allowed to intervene because of the principle of sovereignity. In the present paper I analyse the conclusions that can be drawn from economic free trade theory and from postmodern philosophy concerning the behaviour of multinational firms in developing countries. Despite their paradigmatical differences both these approaches come to similar results. (shrink)

Workers in the garment manufacturing industry are often subjected to violations of their rights and are exposed to low wages and difficult working conditions. In response to the exposure of these violations in the media, major fashion brands and retailers subject their suppliers to labour codes of conduct. Despite these codes of conduct being largely ineffective, this comparative case study of garment manufacturers operating from Lesotho and Eswatini illustrates that such codes provide workers and trade unions with access to (...) bargaining leverage that they would otherwise not have. A framework with a synthesis of potential sources of workers’ power is developed and related to global production networks, collective mobilisation, the nature of the state, as well as national and transnational scales of organising. Based on historical case studies of the two countries, this paper illustrates how unions in the two countries followed different approaches to using this source of power in relation to other sources of power. These approaches were shaped by their contexts and strategic choices. Theoretically, it is argued that sources of workers’ power are analytically distinct, but are relational and operate best when seen as mutually reinforcing. The term ‘power resource nexus’ is used to frame this potential mutual reinforcement of sources of power. (shrink)

This article aims to explore and make theoretical sense of a stream of tourism that blurs the boundaries between sex, romance and intimacy, and diffuses the line between affectionate and economic relations. The empirical scope is the expanding international tourism of tango dancing—meaning the increasing number of people from all over the world travelling to Buenos Aires to dance tango and engage with the local tango culture. In contrast to women's sex tourism on the beaches of Jamaica and Ghana, the (...) relationships evolving in the Argentinean dance halls only occasionally lead to sexual affairs and temporary romances, but they are still part of a sensual geography made up of a transnational skin-to-skin intimacy. In addition, the relations between local dancers and tourists rarely result in economic transactions of sex for money; however, they engage with a growing market of intimate dance services and are part of the economic injustices and exotified projections of our post-colonial time. Hence, this article seeks to shed critical light over a broader area of transnational romance. The case of tango evokes new sets of critical queries regarding the trade of bodily intimacy and affection; the consequences of economic inequality in the area of heterosexual romance; and the production of class morals and racialised gender regimes. Through an exploration of these intimate practices, discourses and sets of emotions produced in this particular context, a complex landscape of market forces and close-embrace dancing unfolds. (shrink)

Reproductive tourism is a manifestation of a larger, more inclusive trend toward globalization of capitalist cultural and material economies. This paper discusses the development of cross-border assisted reproduction within the globalized economy, transnational and local structural processes that influence the trade, social relations intersecting it, and implications for the healthcare systems affected. I focus on prevailing gender structures embedded in the cross-border trade and their intersection with other social and economic structures that reflect and impact globalization. I (...) apply a social connection model of responsibility for unjust outcomes and consider strategies to counter structural injustices embedded in this industry. The concluding section discusses policy reforms and proposals for collaborative action to preclude further injustices and extend full human rights to all. (shrink)

Greatly aided by an information age in which protesting laborers in a remote offshore outpost can capture front page headlines around the globe, theSarbanes-Oxley Act of 2002 (SARBOX) has made corporate transparency the linchpin for good corporate governance. Under a SARBOX-enhancedregulatory framework, publicly traded corporations are required to rapidly disclose material changes in their financial conditions or operations—changes such as impairments to goodwill, a trademark, or some other intangible corporate asset. Especially challenging for multinational corporations (MNCs) with far-flung corporate empires (...) is the need to stay abreast of the ebb and flow of goodwill, at a time when transnational human rights groups are aggressively mobilizing world opinion against the sweatshop labor conditions that abound at the offshore production sites favored by MNCs. The author explains why the convergence of a digital age of free-flowing information and the advent of SARBOX, a legislative enactment of paraenetic design, is causing the boards of MNCs to more critically evaluate the long-term costs of their offshore operations. (shrink)

The Amazon rainforest is one of the most important topics of transnational activism. Based on the assumption that the consumption of timber in the Northern hemisphere is largely responsible for deforestation, campaigners have focused on the global timber trade. From a strategy of boycotting tropical timber in the 1980s, environmentalists shifted their approach to one influenced by a discourse on ‘sustainable development’ in the 1990s. Believing that they could persuade loggers to use less predatory practices, the mainstream NGOs (...) developed a certification scheme in association with timber companies known as the FSC – Forest Stewardship Council. Since then, the NGOs have gained influence over international policies. The focus on the so-called ‘Amazon forestry vocation’, however, may lead to doubtful results when sustainability of local societies and ecosystems is considered. This article discusses some dimensions of the new Amazon policies that are driven by a global market perspective and which may consequently render local and diverse cultures invisible. (shrink)

Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33 to 50 %, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a “comply or explain” principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of boards of directors (...) and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path-dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives. (shrink)