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Jurisgenerative role of auditors in transnational labor governance

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  • 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
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    1. repec:bla:glopol:v:8:y:2017:i::p:56-65 is not listed on IDEAS
    2. 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.
    3. 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.
    4. 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.
    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.
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    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.

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