Decent Work in a Globalized Economy Lessons from Public and Private Initiatives
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X Decent work in a globalized economy Lessons from public and private initiatives Edited by Guillaume Delautre, Elizabeth Echeverría Manrique Decent work in a globalized economy: economy: a globalized in work Decent and Colin Fenwick Lessons from public and private initiatives private and public from Lessons ILO X Decent work in a globalized economy Lessons from public and private initiatives Edited by Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick International Labour Office · Geneva Copyright © International Labour Organization 2021 First published 2021 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Uni- versal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Decent work in a globalized economy: Lessons from public and private initiatives International Labour Office – Geneva: ILO, 2021 ISBN 978-92-2-033719-6 (print) ISBN 978-92-2-033720-2 (web pdf) Also available in french: Le travail décent dans une économie mondialisée: quelques leçons des initiatives publiques et privées, ISBN 978-92-2-034032-5 (print), ISBN 978-92-2-034033-2 (web pdf), Geneva, 2021. ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delim- itation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contribu- tions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. Information on ILO publications and digital products can be found at: www.ilo.org/publns. Cover photo: © Marco Simoni / www.alamy.com Produced by the Publications Production Unit (PRODOC) of the ILO. Graphic and typographic design, manuscript preparation, copy-editing, layout and composition, proofreading, printing, electronic publishing and distribution. The ILO endeavours to use paper sourced from forests managed in an environmentally sustainable and socially responsible manner. Code: WEI-SEP X Contents Acknowledgments 7 Contributors 9 Introduction 17 Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick Part I. The evolving institutional and legal framework 1. Transnational Labour Governance in Global Supply Chains: Asking Questions and Seeking Answers on Accountability 43 Ingrid Landau and Tess Hardy 2. Mapping human rights due diligence regulations and evaluating their contribution in upholding labour standards in global supply chains 75 Claire Bright 3. Trade arrangements and labour standards in a supply chain world: Current issues and future considerations 109 Karen Curtis and Elizabeth Echeverría Manrique 4. A short history and future prospects of cross-border social dialogue and global industrial relations agreements 133 Konstantinos Papadakis Part II. Challenges and lessons on the effectiveness of public, private and hybrid arrangements 5. Implementing the French Duty of Vigilance Law: When enterprises drew up their first plans 165 Pauline Barraud de Lagerie, Élodie Béthoux, Arnaud Mias and Élise Penalva-Icher 6. Private regulation of labour standards in global supply chains: Current status and future directions 185 Sarosh Kuruvilla, Ning Li and J. Lowell Jackson 6 Decent work in a globalized economy: lessons from public and private initiatives 7. The social responsibility of multinational enterprises vis-à-vis the State: The case of the automotive and television industries in Mexico 211 Graciela Bensusán and Jorge Carrillo 8. Better Work: Lessons learned and the way forward for decent work in the global garment industry 243 Arianna Rossi 9. Access to justice after Rana Plaza: A preliminary assessment of grievance procedures and the legal system in the apparel global supply chain 265 Youbin Kang 10. Labour governance initiatives in the Costa Rica–EU pineapple supply chain and their impact on social dialogue 301 Deborah Martens and Annelien Gansemans 11. Building transnational social dialogue: A process-based analysis of the effectiveness of international framework agreements 335 Rémi Bourguignon and Marc-Antonin Hennebert 7 X Acknowledgments This volume was produced with the financial support of the French Government, as part of the cooperation agreement 2015-2020 with the International Labour Office. The coordinators of this volume wish to thank the authors for their contri- butions, their responsiveness and patience during the production process of this book. We would like to acknowledge the editorial work of Manfred Boemeke, Sarah Lloyd and Julie Weidmann. We are also grateful for the translations of the different chapters carried out by Rebecca Cockburn (Spanish to English), Mark Johnson (French to English) and Laurence Rizet (English to French). Thank you to our colleagues Frédérique Dupuy (ILO Office for France) for her remarkable proofreading, Judy Rafferty (Research Department, ILO) for her support in the publication of this volume and Maria Carolina Martins da Costa (Labour Law and Reform Unit) for her help in the editing of the introductory chapter. We are grateful to the peer reviewers of the different chapters for their val- uable revisions, comments and insights: Alvaro Ramírez Bogantes, Juan Ignacio Castillo, Cyril Cosme, Karen Curtis, Janelle Diller, Felix Hadwiger, John Howe, Pablo Lazo Grandi, Caitlin Helfrich, Vongai Masocha, Fabiola Mieres, Konstantinos Papadakis, Nikolai Rogovsky, Arianna Rossi, Ana Sánchez, Angela Serrano and Maria-Luz Vega. Special thanks for their encouragement and guidance at the various stages of the project to Marva Corley-Coulibaly (Research Department, ILO), Cyril Cosme (ILO Office for France), Damian Grimshaw (previously at the Research Department, ILO), Claire Harasty (Policy, ILO) and Wael Issa (Policy, ILO). We would like to emphasize that the responsibility for opinions expressed in the following chapters rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office. 9 X Contributors Editors (in alphabetical order) Guillaume Delautre (Msc in Economics) joined the ILO Research department in 2015 under the France-ILO agreement on research and in relation with the Future of work initiative. He currently serves as a Technical specialist in the Employment policy department. In the last years, his research has mostly dealt with the employment and labour impacts of changes in global supply chains and production processes and with corporate social responsibilities. He previously worked as an economist for the French public employment service (2002 to 2006) and for the ministries of labour and social affairs (2006 to 2015). He regularly represented the French administration in different intergovernmental and multilateral forums (EU, OECD, ILO and G20). Elizabeth Echeverría Manrique is Labour Law Specialist in the Labour Law and Reform Unit of the Governance and Tripartism Department at the International Labour Organization (ILO). She provides technical advice on labour law to ILO constituents. Previously, she worked at the Research Department researching the linkages between trade and international labour standards, corporate social responsibility and stakeholders’ involvement in trade agreements. Before joining the ILO, she practiced and taught labour law in Mexico. Elizabeth Echeverría Manrique holds a Master’s Degree on Labour Law by the Universidad Regiomontana (Mexico) and a Master of Laws in International Law with specialization on trade and investment by the University of Chile and the University of Heidelberg (Germany). Colin Fenwick is Head of the Labour Law and Reform Unit at the International Labour Office, where he was previously a Labour Law Specialist. Before joining the ILO he was an Associate Professor at Melbourne Law School, where he served as Director of the Centre for Employment and Labour Relations Law, and as a joint Editor of the Australian Journal of Labour Law. He retains an honorary position at Melbourne Law School, at the rank of Associate Professor. His research explores the effects of labour law as a policy instru- ment for labour market regulation, with a particular focus on developing economies. He co-edited the books Human rights at work: Legal and regulatory perspectives (Hart Publishing, 2010, with T. Novitz) and Labour Regulation and Development: Socio-Legal Perspectives (Edward Elgar, 2016, with S. Marshall). His work has also been published in leading law journals.