Who Made that?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation
Osgoode Hall Law Journal, Vol. 43, p. 353, 2005
54 Pages Posted: 28 Feb 2006 Last revised: 26 Nov 2010
An important tool of "decentred" regulation, including reflexive law, is corporate information disclosure. Disclosure regulation can have important normative influence on corporate behavior because it introduces a risk element that must be managed by corporate leaders. The challenge for regulators is to identity the scope of disclosure that will cause corporate responses of the sort desired by the state. This paper considers the potential role of disclosure regulation as a tool for influencing labour practices beyond the borders of the regulating state and, in particular, within the vast global supply chains of multinational corporations. In the context of improving labour practices in developing states, the goal of the regulation must be foremost the empowerment of the workers and their organizations in those states and the indigenous and emerging global social movements who assist them. The author examines three proposals for mandatory information disclosure of information about global labour practices, and examines the extent to which they potentially contribute to this goal. He concludes that requiring companies to disclose their factory addresses would significantly contribute to this goal, perhaps even more so than broader proposals that seek to inject raw information about actual labour practices into the consumer and investor markets of advanced economic states.
Keywords: labour, labour practices, information disclosure, transparency, globalization, transnational advocacy, corporate social responsibility, supply chain, risk, labor, work
JEL Classification: J38, J50, J51, J58, K20, K31, M14, P33
Suggested Citation: Suggested Citation