Something Else: Specific Relief for Breach of Human Rights Terms in Supply Chain Agreements

30 Pages Posted: 5 Mar 2020

See all articles by Jonathan C. Lipson

Jonathan C. Lipson

Temple University - James E. Beasley School of Law

Date Written: May 26, 2019

Abstract

Contracts may include clauses designed to address human rights-related conduct, such as the treatment of a party’s employees, which are difficult to enforce. Model Contract Clauses recently promulgated by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts seek to address these challenges through innovative specific performance terms. This Article assesses these clauses and observes that, while they are unlikely to be enforceable in any ordinary sense, they nevertheless have value because they can induce more constructive settlements ex post and more thoughtful bargaining, ex ante.

Keywords: contracts, human rights, forced labor, supply chains, supply chain agreements, specific performance, injunction, specific relief, breach, enforcement

JEL Classification: K22

Suggested Citation

Lipson, Jonathan C., Something Else: Specific Relief for Breach of Human Rights Terms in Supply Chain Agreements (May 26, 2019). American University Law Review, Vol. 68, No. 5, 1751, 2019; Temple University Legal Studies Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3532083

Jonathan C. Lipson (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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