THE INTERNATIONAL RESPONSIBILITY OF STATES FOR THE EXPLOITATION OF LABOR IN GLOBAL PRODUCTION CHAINS
DOI:
https://doi.org/10.56238/revgeov17n6-026Keywords:
Global Production Chains, Labor Exploitation, International State Responsibility, Human RightsAbstract
The intensification of global production chains has redefined the organization of labor in the context of the international economy, expanding productive fragmentation and transnational outsourcing. While this model has boosted economic efficiency, it has also contributed to the persistence of serious forms of labor exploitation, especially in sectors characterized by regulatory asymmetries and institutional fragility. This article analyzes the international responsibility of States for labor exploitation in global production chains, from the perspective of International Labor Law and International Human Rights Law. The research assumes that labor violations associated with transnational production chains do not stem exclusively from isolated business conduct, but also from state omissions related to insufficient regulations, the absence of effective oversight, and the fragility of redress mechanisms. Methodologically, the study adopts a qualitative approach, of a theoretical-normative nature, based on bibliographic and documentary research, analyzing international instruments, due diligence guidelines, and the recent normative practice of States and international organizations. It is concluded that contemporary International Law offers normative parameters capable of justifying the international responsibility of States for failures in the duty to protect human and labor rights, especially when labor exploitation is structural, predictable, and repeated within global production chains.
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References
BARRIENTOS, Stephanie. Gender and work in global value chains: Capturing the gains? Cambridge: Cambridge University Press, 2019.
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS. General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities. Geneva: United Nations, 2017.
DE SCHUTTER, Olivier; EIDE, Asbjørn; KHALFAN, Ashfaq; ORELLANA, Marcos; SALOMON, Margot; SEIDERMAN, Ian. Commentary to the Maastricht principles on extraterritorial obligations of states in the area of economic, social and cultural rights. Geneva: International Commission of Jurists, 2012.
EUROPEAN UNION. Directive (EU) 2024/1760 of the European Parliament and of the Council on corporate sustainability due diligence. Official Journal of the European Union, Brussels, 2024.
GEREFFI, Gary. Global value chains and development: redefining the contours of 21st century capitalism. Cambridge Journal of Regions, Economy and Society, Cambridge, v. 11, n. 1, p. 61–83, 2018.
INTERNATIONAL LABOUR ORGANIZATION. ILO declaration on fundamental principles and rights at work and its follow-up (1998), as amended in 2022. Geneva: ILO, 2022.
INTERNATIONAL LAW COMMISSION. Articles on responsibility of states for internationally wrongful acts, with commentaries. New York: United Nations, 2001.
INTER-AMERICAN COURT OF HUMAN RIGHTS. Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C, n. 4. San José: IACtHR, 1988.
LOCKE, Richard M. The promise and limits of private power: Promoting labor standards in a global economy. Cambridge: Cambridge University Press, 2013.
ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT. OECD due diligence guidance for responsible business conduct. Paris: OECD Publishing, 2018.
RÉPUBLIQUE FRANÇAISE. Loi n° 2017-399 du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre. Paris: Legifrance, 2017.
UNITED NATIONS HUMAN RIGHTS COUNCIL. Guiding principles on business and human rights: Implementing the “Protect, Respect and Remedy” framework. New York: United Nations, 2011.