IDEAS home Printed from https://ideas.repec.org/a/wly/reggov/v13y2019i2p280-298.html
   My bibliography  Save this article

Jurisgenerative role of auditors in transnational labor governance

Author

Listed:
  • Phillip Paiement

Abstract

This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries’ jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.

Suggested Citation

  • Phillip Paiement, 2019. "Jurisgenerative role of auditors in transnational labor governance," Regulation & Governance, John Wiley & Sons, vol. 13(2), pages 280-298, June.
    • Handle: RePEc:wly:reggov:v:13:y:2019:i:2:p:280-298
    DOI: 10.1111/rego.12196
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/rego.12196
    Download Restriction: no
    File URL: https://libkey.io/10.1111/rego.12196?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Xiaomin Yu, 2008. "Impacts of Corporate Code of Conduct on Labor Standards: A Case Study of Reebok’s Athletic Footwear Supplier Factory in China," Journal of Business Ethics, Springer, vol. 81(3), pages 513-529, September.
    2. Graeme Auld & Stefan Renckens, 2017. "Rule-Making Feedbacks through Intermediation and Evaluation in Transnational Private Governance," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 93-111, March.
    3. repec:bla:glopol:v:8:y:2017:i::p:56-65 is not listed on IDEAS
    4. Luc Fransen & Brian Burgoon & Mark Anner, 2017. "Monitoring Workers’ Rights: The Limits of Voluntary Social Compliance Initiatives in Labor Repressive Regimes," Global Policy, London School of Economics and Political Science, vol. 8(s3), pages 56-65, May.
    5. Power, Michael, 1999. "The Audit Society: Rituals of Verification," OUP Catalogue, Oxford University Press, number 9780198296034, Decembrie.
    6. Axel Marx & Jan Wouters, 2017. "Rule Intermediaries in Global Labor Governance," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 189-206, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Stefan Renckens & Graeme Auld, 2022. "Time to certify: Explaining varying efficiency of private regulatory audits," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 500-518, April.
    2. Sheila Killian & Philip O'Regan & Ruth Lynch & Martin Laheen & Dionysios Karavidas, 2022. "Regulating havens: The role of hard and soft governance of tax experts in conditions of secrecy and low regulation," Regulation & Governance, John Wiley & Sons, vol. 16(3), pages 722-737, July.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kenneth W. Abbott & David Levi-faur & Duncan Snidal, 2017. "Theorizing Regulatory Intermediaries," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 14-35, March.
    2. Afshin Mehrpouya & Rita Samiolo, 2019. "Numbers in regulatory intermediation: Exploring the role of performance measurement between legitimacy and compliance," Regulation & Governance, John Wiley & Sons, vol. 13(2), pages 220-239, June.
    3. Guénin-Paracini, Henri & Malsch, Bertrand & Paillé, Anne Marché, 2014. "Fear and risk in the audit process," Accounting, Organizations and Society, Elsevier, vol. 39(4), pages 264-288.
    4. Fu Jia & Yan Jiang, 2018. "Sustainable Global Sourcing: A Systematic Literature Review and Bibliometric Analysis," Sustainability, MDPI, vol. 10(3), pages 1-26, February.
    5. Loke-Min Foo & Darinka Asenova & Stephen Bailey & John Hood, 2011. "Stakeholder Engagement and Compliance Culture," Public Management Review, Taylor & Francis Journals, vol. 13(5), pages 707-729, June.
    6. Mennicken, Andrea, 2006. "Translation and standardisation: audit world building in Post-Soviet Russia," LSE Research Online Documents on Economics 3033, London School of Economics and Political Science, LSE Library.
    7. repec:dau:papers:123456789/3505 is not listed on IDEAS
    8. Davide Fiaschi & Elisa Giuliani, 2011. "The impact of business on society: exploring CRS adoption and alleged human rights abuses by large corporations," LEM Papers Series 2011/13, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
    9. Nolas, Sevasti-Melissa, 2011. "Reflections on the enactment of children's participation rights through research: Between transactional and relational spaces," Children and Youth Services Review, Elsevier, vol. 33(7), pages 1196-1202, July.
    10. Tetty Havinga & Paul Verbruggen, 2017. "Understanding Complex Governance Relationships in Food Safety Regulation," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 58-77, March.
    11. Mathias Ericson, 2018. "“Sweden Has Been Naïve”: Nationalism, Protectionism and Securitisation in Response to the Refugee Crisis of 2015," Social Inclusion, Cogitatio Press, vol. 6(4), pages 95-102.
    12. Jennifer Jo Thompson & A. June Brawner & Usha Kaila, 2017. "“You can’t manage with your heart”: risk and responsibility in farm to school food safety," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 34(3), pages 683-699, September.
    13. Marta Solórzano-García & Julio Navío-Marco & Luis Manuel Ruiz-Gómez, 2019. "Ambiguity in the Attribution of Social Impact: A Study of the Difficulties of Calculating Filter Coefficients in the SROI Method," Sustainability, MDPI, vol. 11(2), pages 1-19, January.
    14. Martin Mueller & Virginia dos Santos & Stefan Seuring, 2009. "The Contribution of Environmental and Social Standards Towards Ensuring Legitimacy in Supply Chain Governance," Journal of Business Ethics, Springer, vol. 89(4), pages 509-523, November.
    15. Kenneth W. Abbott & Benjamin Faude, 2022. "Hybrid institutional complexes in global governance," The Review of International Organizations, Springer, vol. 17(2), pages 263-291, April.
    16. Tom Willems & Wouter Van Dooren, 2012. "Coming to Terms with Accountability," Public Management Review, Taylor & Francis Journals, vol. 14(7), pages 1011-1036, January.
    17. Venkatesh, V.G. & Zhang, Abraham & Deakins, Eric & Mani, Venkatesh, 2021. "Antecedents of social sustainability noncompliance in the Indian apparel sector," International Journal of Production Economics, Elsevier, vol. 234(C).
    18. Rob Imrie & Emma Street, 2009. "Risk, Regulation and the Practices of Architects," Urban Studies, Urban Studies Journal Limited, vol. 46(12), pages 2555-2576, November.
    19. Luc Brès & Sébastien Mena & Marie‐Laure Salles‐Djelic, 2019. "Exploring the formal and informal roles of regulatory intermediaries in transnational multistakeholder regulation," Regulation & Governance, John Wiley & Sons, vol. 13(2), pages 127-140, June.
    20. Mark Anner, 2019. "Addressing Workers’ Rights Violations in Apparel and Agricultural Supply Chains through Binding, Cost-Sharing Accords," Agrarian South: Journal of Political Economy, Centre for Agrarian Research and Education for South, vol. 8(1-2), pages 93-114, April.
    21. Nelly Oelze & Stefan Ulstrup Hoejmose & Andre Habisch & Andrew Millington, 2016. "Sustainable Development in Supply Chain Management: The Role of Organizational Learning for Policy Implementation," Business Strategy and the Environment, Wiley Blackwell, vol. 25(4), pages 241-260, May.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:reggov:v:13:y:2019:i:2:p:280-298. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1748-5991 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.