Rules Without Rights

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Rules without Rights

Author: Tim Bartley
language: en
Publisher: Oxford University Press
Release Date: 2018-02-08
Activists have exposed startling forms of labor exploitation and environmental degradation in global industries, leading many large retailers and brands to adopt standards for fairness and sustainability. This book is about the idea that transnational corporations can push these standards through their global supply chains, and in effect, pull factories, forests, and farms out of their local contexts and up to global best practices. For many scholars and practitioners, this kind of private regulation and global standard-setting can provide an alternative to regulation by territorially-bound, gridlocked, or incapacitated nation states, potentially improving environments and working conditions around the world and protecting the rights of exploited workers, impoverished farmers, and marginalized communities. But can private, voluntary standards actually create meaningful forms of regulation? Are forests and factories around the world actually being made into sustainable ecosystems and decent workplaces? Can global norms remake local orders? This book provides striking new answers by comparing the private regulation of land and labor in democratic and authoritarian settings. Case studies of sustainable forestry and fair labour standards in Indonesia and China show not only how transnational standards are implemented 'on the ground' but also how they are constrained and reconfigured by domestic governance. Combining rich multi-method analyses, a powerful comparative approach, and a new theory of private regulation, Rules without Rights reveals the contours and contradictions of transnational governance. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.
Rules Without Rights

This book is about what it really means when companies claim to be promoting sustainability and fairness in their global operations.
The Right not to Be Subjected to Enforced Disappearance

This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.