Abstract:This article applies the Kantian doctrine of respect for persons to the problem of sweatshops. We argue that multinational enterprises are properly regarded as responsible for the practices of their subcontractors and suppliers. We then argue that multinational enterprises have the following duties in their off-shore manufacturing facilities: to ensure that local labor laws are followed; to refrain from coercion; to meet minimum safety standards; and to provide a living wage for employees. Finally, we consider and reply to the objection that improving health and safety conditions and providing a living wage will cause greater harm than good.
ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework.
ABSTRACT:We review recent developments in ethical pluralism, ethical particularism, Kantian intuitionism, rights theory, and climate change ethics, and show the relevance of these developments in ethical theory to contemporary business ethics. This paper explains why pluralists think that ethical decisions should be guided by multiple standards and why particularists emphasize the crucial role of context in determining sound moral judgments. We explain why Kantian intuitionism emphasizes the discerning power of intuitive reason and seek to integrate that with the comprehensiveness of Kant’s moral framework. And we show how human rights can be grounded in human agency, and explain the connections between human rights and climate change.
Disputes concerning global labor practices are at the core of contemporary debates regarding globalization. Critics have charged multinational enterprises with the unjust exploitation of workers in the developing world. In response, some economists and "classical liberals" have argued that these criticisms are grounded in a naïve understanding of global economics. They contend instead that sweatshops constitute an inevitable and essential feature of economic development. To the contrary, we argue that there are persuasive theoretical and empirical reasons for rejecting the arguments of these defenders of sweatshops. In particular, we argue that respecting workers entail an obligation to adhere to local labor laws, and we demonstrate that it is feasible for multinational corporations (MNCs) to provide decent working conditions and fair wages to workers. The main conclusion of this essay is that there are compelling ethical and strategic reasons for MNCs to embrace voluntary codes of conduct.
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