Global Labor Rights as Duties of Justice

Global Justice and International Labor Rights (Eds., Dahan, Lerner, Milman-Sivan) (CUP, 2016)

Posted: 25 Jul 2016

See all articles by Faina Milman-Sivan

Faina Milman-Sivan

University of Haifa - Faculty of Law

Yossi Dahan

Ramat Gan Law School - “College of Law and Business

Hanna Lerner

School of Political Science, Government and International Affairs, Tel Aviv University

Date Written: April 19, 2016

Abstract

The paper asks whether global labor rights should be regarded as a duty of justice or, instead, as a moral duty of humanitarian assistance. The main distinction between the two types of duties lies in the presumption that duties of justice, unlike moral duties of humanitarian assistance, require the intervention of a third party and should therefore be enforced by public institutions. The paper examines this question through the prisms of practice-dependence theory. It presents a critical interpretation of the social practice of labor, which is comprised of the legal rules and regulations that govern labor relations as they have developed over the past two centuries. The paper demonstrates the growing inadequacy of existing national and international regulations and enforcement mechanisms to address violations of labor rights in global production chains in the current conditions of economic globalization. The authors ultimately suggest that the duty to establish new legal and institutional tools to regulate working conditions within complex transnational chains of production is a matter of justice. They also propose guidelines for designing necessary new rules and institutions in the global practice of labor.

Keywords: justice, global justice, international labor standards, practice dependence theory, humanitarian duty, John Rawls, social practice, global production chains, globalization, exploitation

JEL Classification: J80, J83

Suggested Citation

Milman-Sivan, Faina and Dahan, Yossi and Lerner, Hanna, Global Labor Rights as Duties of Justice (April 19, 2016). Global Justice and International Labor Rights (Eds., Dahan, Lerner, Milman-Sivan) (CUP, 2016), Available at SSRN: https://ssrn.com/abstract=2811541

Faina Milman-Sivan (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

Yossi Dahan

Ramat Gan Law School - “College of Law and Business ( email )

26 Ben-Gurion St.
Ramat Gan, 52275
Israel

Hanna Lerner

School of Political Science, Government and International Affairs, Tel Aviv University ( email )

Tel Aviv
Israel

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