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Record W4404673275 · doi:10.54648/ijcl2024016

Impact on Remedies of the Use of Corporate Governance Norms to Address Forced Labour

2024· article· en· W4404673275 on OpenAlexaboutno aff
Isabelle Martin, Julie Falardeau- Papineau

Bibliographic record

VenueInternational Journal of Comparative Labour Law and Industrial Relations · 2024
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicGlobal trade, sustainability, and social impact
Canadian institutionsnot available
Fundersnot available
KeywordsCorporate governanceDuty of careDutyBusinessDue diligenceLegislationLabour lawCommon lawLaw and economicsPolitical scienceAccountingLawEconomicsFinance

Abstract

fetched live from OpenAlex

Forced labour, a pervasive issue within transnational production networks (TPNs), has been the subject of regulatory responses primarily centred around the use of corporate governance norms. These norms, whether through disclosure or due diligence laws, or in some common law countries, litigation seeking judicial recognition of a common law duty of care, are the sole legal mechanisms linking lead corporations to the working conditions in their TPNs. This article critically evaluates the potential of these corporate governance norms to provide effective remedies to forced labour workers, a topic of significant importance as it recognizes their agency rather than portraying them as passive victims.To this end, this article will appraise two legislative models, one implementing disclosure and the other due diligence, while examining the duty of care jurisprudential model, from the procedural and substantive criteria of effective remedies: the California Transparency in Supply Chains Act (CTSCA) disclosure regulation, the French vigilance law, and the Canadian common law duty of care. The analysis underlines a few, primarily procedural, improvements generated by disclosure and due diligence legislation, as well as the common law duty of care toward more effective remedies. These corporate governance norms increase available information and foster accessibility to some extent. However, substantive improvements brought by corporate governance norms are either constrained (France), hypothetical (Canada) or non-existent (California). Moreover, the corporate governance norms examined fail to provide effective judicial remedies for forced labour victims and may undermine potential lawsuits by providing corporations with a defence. We conclude with a discussion of the newly adopted German and Canadian laws.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.883
Threshold uncertainty score0.340

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.122
GPT teacher head0.337
Teacher spread0.215 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2024
Admission routes1
Has abstractyes

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