Human Rights and Market Access

Revista de Direito Internacional, ISSN: 2237-1036

24 Pages Posted: 23 Nov 2018

See all articles by Danielle Denny

Danielle Denny

Fundação Armando Álvares Penteado (FAAP); Universidade Paulista - UNIP

Date Written: October 29, 2018

Abstract

The paper describes how ordinary national rules can provide essential compliance regulation to access human rights abuses. It argues that sometimes purely competitiveness, commercial or even domestic common-law doctrine between private, non-state actors can be in fact human rights claims even if never pleaded as such internationally or in courts. The example studied is the new consumptive demand clause by the Trade Enforcement and Trade Facilitation Act of 2015 a ground-breaking change in a national American law that impacts the whole world. Because of that all importers to America need to be able to prove that they do not use forced labor in their supply chains, so they are compelled to have a chain of custody to backtrack the production up to the raw material. In response to this new scenario, this Article argues that legal studies have much to gain from expanding the scope of human rights to business and its practical ways to manage the interdependence and regulation diversity recognizing that corporations, international organizations and civil society have an important role to play in the governance of this system. The methodology chosen is descriptive and normative, using case study techniques and documentary, legislative and bibliographic research.

Keywords: Human Rights Governance, Sustainable Development Goals, Global Value Chains, Market Access, Trade, Forced Labor

Suggested Citation

Denny, Danielle, Human Rights and Market Access (October 29, 2018). Revista de Direito Internacional, ISSN: 2237-1036. Available at SSRN: https://ssrn.com/abstract=3274989

Danielle Denny (Contact Author)

Fundação Armando Álvares Penteado (FAAP) ( email )

Rua Alagoas, 903
Higienópolis
São Paulo, São Paulo 01242-902
Brazil

Universidade Paulista - UNIP ( email )

Sao Paulo, SP
Brazil

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