Posts Tagged Regulatory instruments
The ‘compact’ – A new phase in international regulatory co-operation or a way around GSP+ accusations?
Update 25 October 2017. The PCIA has accepted to review the complaint brought under a related instrument, the Bangladesh Accord between trade unions and fashion chains.
wIn response to the tragedy at the Rana Plaza factory, the EU, Bangladesh and the International Labour Organisation together launched the ‘Global Sustainability Compact’ early July. The full title of the Initiative is the “Compact for Continuous Improvements in Labour Rights and Factory Safety in the Ready-Made Garment and Knitwear Industry in Bangladesh”. According to the official EU statement upon release of the initiative, key considerations are:
- Reforming the Bangladesh Labour Law to strengthen workers’ rights, in particular regarding freedom of association and the right to collective bargaining, and to improve occupational health and safety. A new Labour Law should be in place by the end of 2013. The ILO will monitor the effective enforcement of the new legislation.
- Recruiting 200 additional inspectors by the end of 2013, as part of the efforts to ensure regular visits to factories and assess them in terms of working conditions, including occupational safety and health, and compliance with labour laws.
- Improving building and fire safety, especially structural safety of buildings and fire safety in ready-made garment factories, by June 2014. The ILO will help to coordinate efforts and mobilise technical resources.
The initiative is said to be ‘non-binding’, whence presumably the countries resorted to the name ‘Compact’ – a new entry I believe in the dictionary of international law (policy?) instruments [there is of course the UN Global Compact, however that does not have State involvement]. The use of co-operation and partnership is said to be the ‘carrot’ as an alternative to the ‘stick’: the latter would be to remove GSP and GSP+ treatment to Bangladeshi import into the EU. GSP and GSP+ require developing countries to sign up to, and implement, a number of international conventions in a variety of areas, so as to enjoy preferential access to the EU (the US and other countries employ similar instruments). Its use is not uncontroversial.
I would have thought that withdrawal of GSP treatment by the EU would have been a little bit crass, given the role of companies (and consumers) here in seeking cheap garments, the price of which, frankly, just cannot be right.
As often, follow-up of this new partnership will be of the essence.
Accord, Bangladesh, Compact, Corporate social responsibility, CSR, EU, European union, Externalities, GSP, ILO, International labour organisation, PCIA, Positive harmonisation, Rana Plaza, regulation, Regulatory instruments, World Trade Organisation, WTO
End 2011, the Gerechtshof Amsterdam issued a further ruling in the long-running Trafigura case (exports of wastes, Ivory coast). I am restricted from commenting on the waste law merits of the case however it is interesting to note that the court employed CSR both as carrot and stick in determining punishment. As a stick: companies with a level of sophistication as Trafigura ought to organise themselves to be aware of the legal implications of their production process. As a carrot: the foundation created by the company supports global CSR projects, which merits a certain amount of leniency. As far as I am aware, this was the first time that CSR was used in such specific manner in court.
Amsterdam, Compliance, Corporate social responsibility, CSR, csr projects, environment, excuse, Export, http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BU9237&u_ljn=BU9237, Ivory Coast, Kiobel, leniency, permit defense, regulation, Regulatory instruments, Traffigura, Traffigurra, Trafigura, Waste, Waste shipments Regulation
- Fasten your seatbelts. Etihad v Air Berlin puts limits of EU law in applying Article 25 in the spotlight. On ‘particular legal relationship’ in choice of court, and asymmetric jurisdiction clauses in applications for stay. 21/11/2019
- Hiscox v Weyerhaeuser. The High Court is not easily impressed by pending foreign proceedings in anti-suit application (pro arbitration). 19/11/2019
- Air transport. The CJEU in Adriano Guaitoli v Easyjet. The not always clear delineation between the jurisdictional rules of the Brussels and Montreal regimes. 18/11/2019
- NMBS v Mbutuku Kanyeba et al. A very relaxed CJEU on the notion of ‘contract’ (in EU transport law). 14/11/2019
- PrivatBank v Kolomoisky and Boholiubov. The Court of Appeal reverses the High Court ia on abuse of the anchor mechanism. Further consideration, too, of the reflexive effect of Article 28’s lis alibi pendens, and of Article 34. 12/11/2019
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