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Daniel Brinks - Power, Participation, and Private Regulatory Initiatives: Human Rights Under Supply Chain Capitalism

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Daniel Brinks Power, Participation, and Private Regulatory Initiatives: Human Rights Under Supply Chain Capitalism
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From unsafe working conditions in garment manufacturing to the failure to consult indigenous communities with regard to extractive industries that affect them, human rights violations remain a pervasive aspect of the global economy. Advocates have long called upon states, as the primary duty bearers and enforcers of human rights, to hold corporations directly accountable for violations committed throughout the supply chain. More recently, many business and human rights advocates have considered the development and enforcement of private regulatory initiatives (PRIs) to certify that actors along the supply chain conform to certain codes of conduct. Many advocates see these PRIs as holding the potential to create better outcomeswhether for workers, affected communities, or the environmentwithin a global economy structured by supply chain capitalism.
This volume brings together academics and practitioners from a number of regions throughout the world to engage in theoretical analysis, case study exploration, and reflection on a variety of PRIs. Theorizing outward from the work of practitioners and activists on the ground, the book brings essential but often overlooked questions to the scholarly debates on business, human rights, and global governance.
Ultimately, the contributions coalesce around one basic claim: that the inequalities and disparities of power and wealth that are a key characteristic of the contemporary global economy can also mark the origins and operation of PRIs, and do so to varying degrees. The collection highlights the need for discussions about labor, environmental, and other human rights accountability to be situated within a broader analysis of the political economy of contemporary supply chain capitalism. It seeks to enrich discussions of PRIs by bringing into the conversation concerns about distributive justice and political economy.

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Contents
Page List
Guide
Power Participation and Private Regulatory Initiatives PENNSYLVANIA STUDIES - photo 1
Power, Participation, and Private Regulatory Initiatives

PENNSYLVANIA STUDIES IN HUMAN RIGHTS

Bert B. Lockwood, Series Editor

A complete list of books in the series

is available from the publisher.

Power, Participation, and Private Regulatory Initiatives

Human Rights Under Supply Chain Capitalism EDITED BY Daniel Brinks Julia Dehm - photo 2

Human Rights Under Supply Chain Capitalism

EDITED BY

Daniel Brinks, Julia Dehm, Karen Engle, and Kate Taylor

Copyright 2021 University of Pennsylvania Press All rights reserved Except for - photo 3

Copyright 2021 University of Pennsylvania Press

All rights reserved. Except for brief quotations used for purposes of review or scholarly citation, none of this book may be reproduced in any form by any means without written permission from the publisher.

Published by

University of Pennsylvania Press

Philadelphia, Pennsylvania 19104-4112

www.upenn.edu/pennpress

Printed in the United States of America on acid-free paper

10 9 8 7 6 5 4 3 2 1

A catalog record for this book is available from the Library of Congress.

ISBN 978-0-8122-5321-4

CONTENTS
Picture 4

Daniel Brinks, Julia Dehm, Karen Engle, and Kate Taylor

Justine Nolan

Farai Maguwu

Marcus Colchester

Charles R. Hale and Jos Aylwin

Geisselle Vanessa Snchez Monge

Sean Sellers

Jessica Champagne

Erika George

James J. Brudney

Dan Danielsen

Lauren Fielder

Daniel Brinks, Julia Dehm, Karen Engle, and Kate Taylor

ACKNOWLEDGMENTS
Picture 5

Our first thanks are due to the authorsacademics, practitioners, and activistswho contributed to this volume. Their work has enriched and deepened our understanding of private regulatory initiatives and the political economy in which they operate. We are thankful to them for their willingness to engage with, and reflect upon, the insights from each others work and for their patience during the long process involved in bringing this book to fruition.

This collection arises out of two events convened by the Bernard and Audre Rapoport Center for Human Rights and Justice at the University of Texas at Austin to examine the enforcement of human rights through private regulatory regimes in global supply chains: Certifiably Fair: Can Consumers Monitor Human Rights? and Certifying Human Rights in Global Supply Chains. Both events put scholars in conversation with practitioners and connected people from various regions, industries, and disciplines; the second provided the opportunity to workshop many of the essays included in this collection.

We are enormously grateful to everyone at the Rapoport Center who helped make these convenings and the book arising out of them possible. Particular thanks are due to Rapoport Center assistant director Sarah Eliason and former assistant director William Chandler, who coordinated the logistics of the workshops, the work of student researchers and copy editors, and the final preparation of the manuscript.

We are indebted to a number of Rapoport Center interns and human rights scholars who contributed research to the book and who copyedited chapters at various stages. Special thanks to Elizabeth Hamilton for her thorough work in copyediting and finalizing the manuscript for publication. Other students who worked on the project include Sofie Bonilla, Aaron Burroughs, Bethany Copeland, Xavier Durham, Meraal Hakeem, Annie Bares, Monica Mohseni, Kevin Trahan, Allison Gordon Wright, and Julie Wilson.

We are also grateful for the support of the University of Pennsylvania Press. Peter Agree and Bert Lockwood encouraged the project from its earliest stages. Jerome Singerman made sure the manuscript saw its way to publication. Our outside reviewers provided invaluable feedback for individual chapters as well as the book as a whole.

Each of us thanks our coeditors for engaged, sustained conversation on these themes and all the hard work involved in systematizing, organizing, and articulating the key arguments and insights of the collection. Finally, we are all thankful to the friends, family members, and colleagues who have supported this project and encouraged us throughout this long process, including through the challenges posed by transcontinental moves, new jobs, family and other commitments, and a global pandemic we encountered along the way.

KEY ACRONYMS
Picture 6

AJP

Agricultural Justice Project

ASI

Assurance Services International

CAO

Compliance Advisor Ombudsman (of the International Finance Corporation)

CB

certification body

CIW

Coalition of Immokalee Workers

CRD

Centre for Research and Development (Zimbabwe)

CSR

corporate social responsibility

FFP

Fair Food Program

FFSC

Fair Food Security Council

FPIC

free, prior, and informed consent

FPP

Forest Peoples Programme

FSC

Forest Stewardship Council

HCV

high conservation value

IFC

International Finance Corporation

ILO

International Labour Organization

KP

Kimberley Process

KPCS

Kimberley Process Certification Scheme

MSI

multi-stakeholder initiative

NGO

nongovernmental organization

OECD

Organization for Economic Co-operation and Development

P&C

Principles and Criteria

PRI

private regulatory initiatives

RA

Rainforest Alliance

RMG

ready-made garment

RSC

RMG Sustainability Council

RSPO

Roundtable on Sustainable Palm Oil

TNC

transnational corporation

UNDRIP

United Nations Declaration on the Rights of Indigenous Peoples

WRC

Worker Rights Consortium

WSR

Worker-Driven Social Responsibility

WWF

World Wide Fund for Nature

ZANU PF

Zimbabwe African National UnionPatriotic Front

PART I

Picture 7

FRAMING THE DISCUSSION

Private Regulatory Initiatives, Human Rights, and Supply Chain Capitalism

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