In order to enrich global corporate culture, a distinction must be made between the economic ideology of free trade and the moral ideology of fair trade. GATT has failed to make this distinction. Its sole ethos of free trade is only applicable among developmentally equivalent nations, and has been used by TNCs as a means for attaining their commercial ends in the third world. GATT''s lack of commitment to an objective of fair trade necessitates its replacement. This article suggests (...) a replacement in the form of a network of trade organizations. The network takes the form of a hub-and-spoke arrangement, in which the hub would be the Global Trade Organization, and the spokes would each represent Regional Trade Organizations. (shrink)

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. (shrink)

The complex structure of the tragic aspects of globalization has been accounted for in extant literature. What remains unclear is how deglobalization, isolationism and all the radically disruptive movements and politics in-between will shape transnational corporations’ organizational practices. The purpose of this study is to interrogate and problematize the implications of anarchic ‘globalisolationism’ vis-à-vis the atlas of insurrection and the TNCs’ global responsibility towards human-centric management practices. We situate our analysis in the heavily politicized and contested discursive space of (...) emergent global geopolitical and environmental tensions and the global quest to reclaim dignity, freedoms, right to resources and decisions—stakeownership. ‘Globalisolationism’ is conceptualized as a radically non-compromising coexistence of globalization and isolationism by design, aided by new information technologies, reactivated mass consciousness and slack political resources. It is characterized by the radical pursuit of new deals within the global geopolitical and economic order; renegotiation of existing deals for resource appropriation and democratic space for the marginalized; the collapse of the old political order via auto-implosion as a beneficial constraint; and the defence of the status quo in global resource and environmental governance due to ‘translocal’ insurrection. Therefore, the paper suggests how TNCs’ current modus operandi could be transformed into responsible human/environment-centric organisational practices to accommodate emerging sociopolitical and environmental challenges. It further highlights the implications for novel game-changing policies and political action by ‘subaltern’ societies and their metamorphosis from victims of planetary vandalism to stakeowners with sovereignty over their resources. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes states primary bearers (...) of human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)

A Frege proof systemFis any standard system of prepositional calculus, e.g., a Hilbert style system based on finitely many axiom schemes and inference rules. An Extended Frege systemEFis obtained fromFas follows. AnEF-sequence is a sequence of formulas ψ1, …, ψκsuch that eachψiis either an axiom ofF, inferred from previous ψuand ψv by modus ponens or of the formq↔ φ, whereqis an atom occurring neither in φ nor in any of ψ1,…,ψi−1. Suchq↔ φ, is called an extension axiom andqa new extension (...) atom. AnEF-proof is anyEF-sequence whose last formula does not contain any extension atom. In [12], S. A. Cook and R. Reckhow proved that the pigeonhole principlePHPhas a simple polynomial sizeEF-proof and conjectured thatPHPdoes not admit polynomial sizeF-proof. In [5], S. R. Buss refuted this conjecture by furnishing polynomial sizeF-proof forPHP. Since then the important separation problem of polynomial sizeFand polynomial sizeEFhas not shown any progress.In [11], S. A. Cook introduced the systemPV, a free variable equational logic whose provable functional equalities are ‘polynomial time verifiable’ and showed that the metamathematics ofFandEFcan be developed inPVand the soundness ofEFproved inPV. In [3], S. R. Buss introduced the first order systemand showed thatis essentially a conservative extension ofPV. There he also introduced a second order system. (shrink)

A Frege proof systemFis any standard system of prepositional calculus, e.g., a Hilbert style system based on finitely many axiom schemes and inference rules. An Extended Frege systemEFis obtained fromFas follows. AnEF-sequence is a sequence of formulas ψ1, …, ψκsuch that eachψiis either an axiom ofF, inferred from previous ψuand ψv by modus ponens or of the formq↔ φ, whereqis an atom occurring neither in φ nor in any of ψ1,…,ψi−1. Suchq↔ φ, is called an extension axiom andqa new extension (...) atom. AnEF-proof is anyEF-sequence whose last formula does not contain any extension atom. In [12], S. A. Cook and R. Reckhow proved that the pigeonhole principlePHPhas a simple polynomial sizeEF-proof and conjectured thatPHPdoes not admit polynomial sizeF-proof. In [5], S. R. Buss refuted this conjecture by furnishing polynomial sizeF-proof forPHP. Since then the important separation problem of polynomial sizeFand polynomial sizeEFhas not shown any progress.In [11], S. A. Cook introduced the systemPV, a free variable equational logic whose provable functional equalities are ‘polynomial time verifiable’ and showed that the metamathematics ofFandEFcan be developed inPVand the soundness ofEFproved inPV. In [3], S. R. Buss introduced the first order systemand showed thatis essentially a conservative extension ofPV. There he also introduced a second order system. (shrink)

We investigate the second order bounded arithmetical systems which is isomorphic to TAC i , TNC i or TLS.

The purpose of the study is to reveal the relationship between the justification of strategic decisions and the increase in efficiency of transnational corporations (TNC). The conceptual bases of the justification of strategic decisions for increasing the efficiency of TNC are suggested, the development of which involves research of the preconditions on which their implementation is based, analysis of the main aspects of TNC's activity and accordance with the principles of justification of strategic decisions, strategic decision-making. The results of the (...) comprehensive diagnostic examination of TNC of leading bearings manufacturers are presented, which revealed the problems of their functioning on the market, changes in the dynamics of performance indicators, differences in the use of opportunities, financial state, strategic positions on the market, the efficiency of made decisions. A model for selecting a decision strategy for TNC is suggested. Practical recommendations of implementing strategic decisions for increasing the efficiency of activity of TNC of leading bearings manufacturers are given. (shrink)

. Trans-National Corporations (TNCs) pay relatively high salaries to local people in host countries. TNCs assume that such employees will accept an employeeÇôemployer relationship similar to that which exists in North America, but the obligations and personal interests that such a relationship create often directly conflict with systems of obligation already established in the host country. When TNCs do business across the boundaries of systems of obligation, corporate salaries can be seen as a form of unethical bribery. (...) In this paper, the core case of business bribery is described consistent with the usual philosophical analysis of bribery, and the grounds for thinking bribery is unethical are made clear. The amount of a bribe is irrelevant to the ethical analysis. Bribery is distinguished from tips and grease on structural grounds. The concept of a system of obligation is defined, and examples given that show the variability of systems of obligation in host countries. Arguments are given to show that salaries paid by TNCs create obligations and personal interests which sometimes conflict with existing systems of obligation, and that such payments have the same structure as more traditional forms of bribery. The ethical issues of corporations crossing the boundaries of systems of obligations are discussed. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and (...) jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights “complicity” might be informed by the (...) fair share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

: We discuss the role that transnational corporations should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the (...) social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to (...) the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. (...) It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework. (shrink)

Contemporary global politics is characterized by an increasing trend toward experimental forms of governance, with an emphasis on private governance. A plurality of private standards, codes of conduct and quality assurance schemes currently developed particularly, though not exclusively, by TNCs replace traditional intergovernmental regimes in addressing profound global environmental and socio-economic challenges ranging from forest deforestation, fisheries depletion, climate change, to labor and human rights concerns. While this trend has produced a heated debate in science and politics, surprisingly little (...) attention has been paid on the effects of private governance on questions of distribution and justice. This is highly problematic. At the beginning of the twenty-first century global inequalities are greater than ever before, while rapid economic, social, political, and environmental changes threaten to further derail sustainable development and humanitarian objectives. If private governance creates or intensifies some of the pressing global inequalities (e.g., food security), and alleviates others (e.g., environmental degradation), from a business ethics perspective, we need to know which aspects need to be strengthened and where appropriate interventions are necessary and desirable. This paper proposes a framework to examine and classify the distributive outcomes of private governance institutions through the lenses of one particular approach to distributive justice, the capability approach. Empirically, it focuses on agrifood one area where the controversy regarding the distributive concerns of private governance are particularly pronounced. (shrink)

At the UN, important projects laying down transnational corporations' (TNCs) human rights responsibilities have been launched without ever clarifying the relevant theoretical foundations. One of the consequences is that the human rights principles in projects like the 2000 UN Global Compact and the 2003 Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights can be understood in different ways, which should not cause surprise given that their authors come from diverse backgrounds, including (...) economics and public policy. An examination of these projects and the views of their authors reveals that, although they are superficially linked to international human rights law, they go well beyond it and attempt to deal with corporate social responsibility issues in ways that elude neat classification as fitting neatly in either legal or non-legal categories. Too little attention has been paid to how in the course of developing these projects the legal and ethical dimensions have become entwined and how lines have gotten blurred. Meanwhile, there has been recognition that these UN projects have emerged simply as ad hoc responses to practical concerns about the sustainability of globalization. The lack of any foundational theory or normative framework should be addressed; it is time to bring together specialists from different fields concerned with the human rights responsibilities of corporations to see if it is possible to define a coherent overarching theory for these UN projects. (shrink)

We define theories of bounded arithmetic, whose definable functions and relations are exactly those in certain complexity classes. Based on a recursion-theoretic characterization of NC in Clote , the first-order theory TNC, whose principal axiom scheme is a form of short induction on notation for nondeterministic polynomial-time computable relations, has the property that those functions having nondeterministic polynomial-time graph Θ such that TNC x y Θ are exactly the functions in NC, computable on a parallel random-access machine in polylogarithmic parallel (...) time with a polynomial number of processors.0 We then define three theories of weak second-order arithmetic which respectively characterize relations in the classes of alternating logarithmic time, logspace and nondeterministic logspace. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on (...) the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on (...) the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

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)

:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

A transnational capitalist class has emerged as that segment of the world bourgeoisie that represents transnational capital, the owners of the leading worldwide means of production as embodied in the transnational corporations and private financial institutions. The spread of TNCs, the sharp increase in foreign direct investment, the proliferation of mergers and acquisitions across national borders, the rise of a global financial system, and the increased interlocking of positions within the global corporate structure, are some empirical indicators of the (...) transnational integration of capitalists. The TCC manages global rather than national circuits of accumulation. This gives it an objective class existence and identity spatially and politically in the global system above any local territories and polities. The TCC became politicized from the 1970s into the 1990s and has pursued a class project of capitalist globalization institutionalized in an emergent transnational state apparatus and in a "Third Way" political program. The emergent global capitalist historic bloc is divided over strategic issues of class rule and how to achieve regulatory order in the global economy. Contradictions within the ruling bloc open up new opportunities for emancipatory projects from global labor. (shrink)

The combination of corporate-community conflicts and oil transnational corporations' (TNCs) rhetoric about being socially responsible has meant that the issue of community development and poverty reduction have recently moved from the periphery to the heart of strategic business thinking within the Nigerian oil industry. As a result, oil TNCs have increasingly responded to this challenge by adopting partnership strategies as a means to contribute to poverty reductions in their host communities as well as secure their social licence to (...) operate. This paper critically examines the strengths and weaknesses of the different community development partnership (CDPs) initiatives employed by Shell, Exxon Mobil and Total to contribute to poverty reduction within their host communities in the Niger Delta, Nigeria. Drawing on empirical data and critical analysis, the paper argues that while the CDP initiatives by SPDC, MPN and EPNL have the potential to contribute to community development, the failure to integrate negative injunction duties into existing partnerships means that the partnerships make no difference to how oil TNCs conduct their core business operation. Consequently, CDPs have had limited positive impact on poverty reduction in the Niger Delta. The paper concludes by examining the implications of the emerging issues for partnership and poverty reduction. (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)

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)

Following the offshoring of production to developing countries by transnational corporations, unions and non-governmental organisations 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. (shrink)

Parvalbumins (PVs) are acidic, intracellular Ca2+‐binding proteins of low molecular weight. They are associated with several Ca2+‐mediated cellular activities and physiological processes. It has been suggested that PV might function as a “Ca2+ shuttle” transporting Ca2+ from troponin‐C (TnC) to the sarcoplasmic reticulum (SR) Ca2+ pump during muscle relaxation. Thus, PV may contribute to the performance of rapid, phasic movements by accelerating the contraction–relaxation cycle of fast‐twitch muscle fibers. Interestingly, PVs promote the generation of power stroke in fish by speeding (...) up the rate of relaxation and thus provide impetus to attain maximal sustainable speeds. However, immunological monitoring of diverse tissues demonstrated that PVs are also present in non‐muscle cells. The axoplasmic transport and various intracellular secretory mechanisms including the endocrine secretions seem to be controlled by the Ca2+ regulation machinery. Any defect in the Ca2+ handling apparatus may cause several clinical problems; for instance, PV deficiency alters the neuronal activity, a key mechanism leading to epileptic seizures. Moreover, atypical relaxation of the heart results in diastolic dysfunction, which is a major cause of heart failure predominantly among the aged people. PV may offer a unique potential to correct defective relaxation in energetically compromised failing hearts through PV gene transfer. Consequently, PV gene transfer may present a new therapeutic approach to correct cellular disturbances in Ca2+ signaling pathways of diseased organs. Hence, PVs appear to be amazingly useful candidate proteins regulating a variety of cellular functions through action on Ca2+ flux management. (shrink)

There is a lot of talk around about Globalisation and its mana-like benefits; indeed, there are many, in areas such as the spread of communication capabilities, social media, and wider distribution of goods in the free trade marketplace that in previous decades were ‘protected’ by exorbitant excise tariffs, licensing restrictions, and low turn-overs. Since Weber, Robertson, Wallerstein, Appadurai, Tambiah et al, there has been much theorizing on the inevitability of Globalisation and its neat corollaries, Free Trade, Liberalisation, Parallel Modernities, and (...) Economic Rationalism. Yet, Globalisation has both its protagonists and antagonists alike. The paper focuses on case studies from the Indian-end, impelled by the question: in what ways has Globalisation benefited and hurt India’s economy, the slow growth and periodic stagnation of its capabilities, the stability of the nation and its people? As part of the reciprocal deal on Liberalisation, Free Trade agreement has enabled myriads of TNCs with to reign in large Western capital-investment and start-up industrial bases, which have undoubtedly helped push India to becoming the third largest world economy. However, the encroachments of TNCs and their impact on agro-economics, biodiversity, the plight of farmers, the further disenfranchisement of numerically small from a share in the national weal, the uneven regional deliverance from poverty, malnutrition, the disproportionate gender-ratio, rural illiteracy among the neglected, and other fall-outs, have worried critics of India’s ‘easy ride’ on the highway of Globalisation. The arguments will be developed extensively with illustrations. (shrink)

A modern stage of globalization is a historical and logical continuation of “an economical social formation” (K.G. Marx), a civilization (L.G. Morgan). The analysis of this globalization in philosophy and social sciences has an extremely contradictory character which is law-governed in the modern society. Modern globalization has been showing itself as a qualitatively new historical process since 1991. Judging from the positions of the dialectical materialistic theory of history (K.G. Marx, F. Engels, V.I. Lenin and others) it by its essence (...) has got a postneoimperialistic, antagonistic character. It’s main features, attributes has been revealed. It doesn’t solve any sharp global problems, but only aggravated and intensifies them. This globalization has greatly increased, made inhuman the process of “cosmopolitization” which developed during the whole existence of capitalism and imperialism. A total degradation and dehumanization of a social person have been taking place, interstate and civil burst into flames, mass disturbances arise, hundreds thousands of people die, genocide and depopulation of some peoples on the planet become “normal” including the countries of the UIS. Destructive process of modern globalization with the USA as the main “player” together with corresponding international institutions (WTO, ICF, World bank, NATO and other), TNC have been resisted in a definite way by antiglobalizing andalterglobalizing movement in many countries on the planet. (shrink)

The protection of workers' rights is at the heart of the ongoing debate on business ethics. In balancing transnational corporations' (TNCs) influence in private regulatory systems intended to protect workers' rights in emerging economies, several authors have emphasized the importance of cooperative relationships between unions and NGOs. In practice, however, conflict has often entered into union-NGO relations, weakening the protection of workers' rights. We argue that cooperative union-NGO relationships are difficult to form in part because of the differences existing (...) between how unions and NGOs organize. More specifically, based on two qualitative studies, we demonstrate that the problems stem from differences in organizing related to (i) identity construction, (ii) governance systems, and (iii) resources. The article concludes with a discussion on the possibility of successful union-NGO cooperation and improved protection of workers' rights in emerging economies. (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 ›.

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be (...) a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful. (shrink)

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. (shrink)

Employing the case of the global tuna-fish industry, it is argued that the process of globalization is contested terrain as it opens “free spaces” to some classes or groups and closes “free spaces” to others; that the nation-States' regulatory abilities are weakened; and finally, that while some social movements may gain, others are marginalized. Three basic conclusions are reached. (1) The industry's actions were successfully “contested” by environmental groups supported by the legislative and judicial branches of the US State. (2) (...) Simultaneously, pro-environmental legislation is currently threatened, along with several national and international environmental accords. (3) Workers in the US and, particularly, in Latin America are paying the consequences of the introduction of pro-environmental legislation and the actions of transnational corporations (TNCs). (shrink)

The growing assumption thattransnational corporations (TNCs) will apply``best practice'''' and ``international standards''''in their operations in developing countries hasseldom been checked against close observationof corporate behavior. In this article, Ipresent a case study, based on field research,of one voluntary initiative to useinternational standards and best practice forenvironmental protection in the AmazonRainforest, by a US-based oil company,Occidental Petroleum (Oxy) in Ecuador. The moststriking finding is that the company refuses todisclose the precise standards that apply toits operations. This, and the refusal todisclose (...) other important environmentalinformation, make it impossible to verifyindependently Oxy''s claims of environmentalexcellence, or assess the effectiveness of theinitiative. At the same time, Oxy uses theinvocation of international standards to wrapitself in a veneer of corporate responsibility;reassure government officials and localresidents; cultivate confusion about standardsand practices that apply to the operations;deflect meaningful oversight and transparency;and arbitrarily legitimize norms that have beendefined by special interests. In short,international standards offer great promise forneeded environmental improvements; but can alsobe used to impede, rather than advance,corporate responsibility and the development ofeffective environmental law at the nationallevel. These findings suggest that for theapplication of international standards to bemeaningful, the international community needsto move beyond statements of principle anddevelop mechanisms that can be used toevaluate, verify, and monitor independentlyenvironmental claims by TNCs. (shrink)

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, we (...) refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)