Solutions to outsourcing abuses: the creation of collective obligations through multilateral contracts

[摘要] This thesis is a contribution to the body of literature which aspires to solve the global problem of collective wrongdoing. This collective wrongdoing is committed by individuals, social groups and corporations which includes (to name a few) environmental damage, the violations of human rights, political rights, animal rights and the socio-economic rights of people. The discussion is focused on the solutions for the violations of the socio-economic rights of people who are affected by the business practice of outsourcing (i.e. stakeholders of businesses). It advances the argument that the imposition of legal, social and moral responsibility on those individuals, social groups and corporations which contribute to collective wrongdoing is not an effective method. It suggests departing from this method of holding these individuals, social groups and corporations accountable for their contributions to collective wrongdoing. It advances the argument that collective wrongdoing can be regulated and controlled by the participants who are engaged in a multilateral agreement to practice business sustainably. It suggests that collective obligations (as opposed to responsibility) are contained in multilateral agreements. It is therefore argued that the protection of the socio-economic rights of stakeholders by a theory of collective obligations is plausible and practicable.

[发布机构] University:University of Birmingham;Department:Birmingham Law School

[关键词] K Law;K Law (General)