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Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and the inability of national governments to control the negative effects of globalization has created immense difficulties in the formulation and implementation of global labor standards. This research takes an ancient industry with a long tradition of international features and regulations, that is, the maritime industry, as a case study to understand the dynamics associated with the regulation of a global industry. The study argues that J. R. Commons' works at the turn of the century not only give us excellent insights into the creation of global markets and the need for global labor rights protection but also provide us with a solution, that is, the creation of an “authoritative commission.” Finally, the study suggests that there is a need to enhance the role of ILO as a global “commission” to regulate the industry. Presently, the ILO does not have the essential features for becoming such a commission. Therefore, ILO should develop three important characteristics: ability to include new emerging actors, decision-making based on consensus and dialogue, and sanction power to implement its standards. Based on the above principles, ILO can work as the center of a global regulatory regime in the maritime industry. Through its power of sanction, it will implement its standards mainly through states. But, at the same time, it will network with unions and NGOs and all other important actors in the industry at local, national, and global levels to detect and eradicate substandard shipping.

How headquarter (HQ) and subsidiary actors end conflicts and reach agreements is an important but still under-researched question in multinational corporations (MNC) literature. This conceptual article approaches these conflict dynamics from the Convention Theory perspective. Convention Theory draws attention to justice principles (known as “order of worth”) and to the material aspects in relations between MNC actors. We offer a framework that contributes to HQ-subsidiary relations research in three ways: (1) it links conflicts to justice principles, (2) it enriches the understanding of the stability of agreements, and (3) it sheds light on the activities needed for realizing preferred arrangements.

The Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted by the Council of Europe and opened for signature in Istanbul in 2011 (the Istanbul Convention). The Istanbul Convention offers a treaty-level protection against domestic violence to all people, including LGBTQs, that is, lesbian, gay, bisexual, transgender, and queer persons. Intimate partner violence (IPV) occurs in same-sex relationships as well as different-sex relationships. In addition, LGBTQ persons face the risk of violence in homophobic and transphobic family environments. The Istanbul Convention has faced significant backlash, a process driven by the global anti-feminist movement that also calls for the protection of traditional family values. In the Convention, “gender” is described as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men” (Article 3(c)). The opponents of the Convention suggest that gender roles are not “given” by the society but inherent in different natures of women and men. The dissatisfaction of many States, such as Bulgaria, Armenia, Ukraine, and so on, is related to the perceived excessiveness of rights given to LGBTQ persons in the Istanbul Convention. This research paper sets aside the issue of political campaigning against the Convention in Eastern Europe, which has already been well reported. Instead, it aims to reveal how the protection against domestic violence under the Convention raises normative, conceptual, and substantive challenges in States entrenching the ideology of traditional family values in law.

This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.

For the most part, child slavery in modern societies is hidden from view and cloaked in social customs, this being convenient for economic exploitation purposes.

The aim of this chapter is to bring children's ‘modern slavery’ out of the shadows, and thereby to help clarify and shape relevant social discourse and theory, social policies and practices, slavery-related legislation and instruments at all levels, and above all children's everyday lives, relationships and experiences.

The main focus is on issues surrounding (i) the concept of ‘slavery’; (ii) the types of slavery in the world today; (iii) and ‘child labour’ as a type, or basis, of slavery.

There is an in-depth examination of the implications of the notion of ‘slavery’ within international law for child labour, and especially that performed through schooling.

According to one influential approach, ‘slavery’ is a state marked by the loss of free will where a person is forced through violence or the threat of violence to give up the ability to sell freely his or her own labour power. If so, then hundreds of millions of children in modern and modernizing societies qualify as slaves by virtue of the labour they are forced – compulsorily and statutorily required – to perform within schools, whereby they, their labour and their labour power are controlled and exploited for economic purposes.

Under globalization, such enslavement has almost reached global saturation point.

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high courts remained in operation, each claiming to be the only legitimate tribunal. This chapter describes Kentucky's two-court crisis, but focuses primarily on the constitutional convention of 1849, which followed it. Through the lens of modern scholarship about judicial independence, the lessons that antebellum Kentuckians drew from their own history seem quite counterintuitive. They did not view their project of judicial design as a matter of balancing judicial independence with accountability, a task that many modern scholars of American politics have posited as the central problem of judicial design. Instead, Kentucky's constitutional convention sought to structure an institution that would allow the state's courts to respond to popular sentiment without compromising their independence. Thus, these debates suggest frameworks for understanding judicial independence that do not pit independence against judicial accountability or popular politics, but attempt to discern which forms of politics threaten the independence of courts, and which forms may not.

This chapter investigates the trends in international and European legal and policy regulation of the process related to carbon capture and storage (CCS). The global endeavor that seeks to limit carbon dioxide emissions has come to recognize CCS as an indispensable ally. This chapter offers an up-to-date and comprehensive commentary to the relatively new and developing area of international regulation of the process of CCS, a dimension that might yield significant effects on the environment and, overall, sustainable development. It reveals a constantly growing trend of an enhanced awareness about the indispensable role and effects of the CCS on wider climate aspirations and, to that effect, also a need for a stable and effective international regulatory framework. The key barriers that are preventing the wider implementation of CCS projects, however, relate primarily to two extra-regulatory processes, which is the policy uncertainty at national levels and financial shortcomings. This background presents a window of opportunity for entrepreneurship and policy invention.

Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but has not passed the UN’s core gender equality treaty, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This chapter explores why the United States passed only one of the conventions. It reviews the power, misinterpretation, and compliance theories that explain why only one of the treaties was ratified. In addition, it offers a fourth explanation of the nation’s behavior – that of relative cost.

Findings: This chapter shows that CEDAW’s mandates, which are specific in nature, are costlier with respect to public services, educational resources, and programs to alleviate cultural prejudices, than are the more broadly framed ICERD mandates. This chapter finds this difference as a driving factor for the nation to enter into the race convention and not the women’s rights pact.

Methodologies: Methodologies used in this publication include feminist and legal analyses and the examination of US policies as well as statements made by political figures.

Originality: This chapter makes contributions to legal and feminist scholarship by providing insight into the nation’s adoption of ICERD, and its failure to ratify CEDAW despite its stance that it is a supporter of women’s rights. The implications of this study are that while the power, misinterpretation, and compliance theories are useful to understand the apparent discrepant response to the two treaties, relative cost as defined by the different ways in which the treaties are framed is also useful in explaining the United States’ failure to ratify the gender equality treaty. Though CEDAW is more specific in its identification of equality issues and is costlier than ICERD, the advancement of both gender and racial equality in the United States falls short of international standards.

Turkey has witnessed the mass migration movement of Syrian citizens fleeing the Syrian civil war. These people have been defined as ‘foreigners under temporary protection’. However, the UN Convention does not include temporary protection or similar definitions in relation to migrants, refugees, and asylums and accepts them as migrant workers. In our country, people under temporary protection, whose majority is composed of Syrians work in informal jobs. The most important document aiming at granting legal rights to people who are found in a country without any legal position or who is identified as an irregular worker, not as an employee and migrant worker, is the International Convention for the Protection of the Rights of All Migrant Workers and Their Families. Turkey has become a party to this document. The UN Convention gives immigrant workers and family members a wide range of protective rights, such as work, settlement, education, and trade union rights. In this chapter, the positions of foreigners in temporary protection who are trying to make a living by collecting recyclable materials such as mostly paper, etc., which is defined as a part of the street economy, will be discussed in terms of the provisions of the UN Convention.

This chapter explains how the United Nations Framework Convention on Climate Change (UNFCCC), an important achievement of the Rio Earth Summit held in 1992, instigated interest in, and enthusiasm for, the fight against climate change in the international arena, promoting national actions, creating common frameworks and motivating corporations to take action against climate change. The Convention recognised climate change as a problem in 1994 when the UNFCCC took effect, which was remarkable considering that there was much less scientific evidence available at that time. Through extensive literature review, this chapter presents the origin and content of the Convention and explains how it creates new international instruments for mitigating climate change, its impact on corporate climate change-related accountability practices and where it stands now after 20 years in operation. The researcher argues that there is a need for strong cooperation among national and international actors such as governments, companies, national and international non-governmental organisations and international governmental organisations in order to create climate change-related accountability.

This chapter looks at the past, present and future of international cannabis control required by the UN drug control conventions in the post-2016 United Nations General Assembly Special Session era with an eye on the next High Level Ministerial Segment (HLMS) at the UN Commission on Narcotic Drugs in 2019, and beyond. From a policy analysis perspective, the author meanders through the increasing tendency to legally regulate recreational cannabis markets notwithstanding the obligation enshrined in the UN drug control conventions to limit cannabis exclusively for ‘medical and scientific’ purposes. Taking into account relevant national and international developments, the chapter describes how the growing discomfort with the status of cannabis and the prohibitive and punitive approach stemming from the international drug control regime went through a process from soft to hard defections of the treaty obligations. The case of the Netherlands demonstrates the difficulty faced by reform-minded states in reconciling their wish for a different cannabis control mechanism with their obligations under international law, resulting in an incomplete regulation of its coffee-shop system, where small amounts of cannabis are tolerated for sale, but where the illicit supply to the shops remained unregulated. Subsequent more wide-ranging reforms to regulate cannabis from seed to sale in Uruguay, several US States and – in 2018 – in Canada, are clearly violating the obligations of the UN drug control conventions. Nevertheless, the HLMS will likely leave the elephant in the room untouched. The emerging paradigm shift regarding cannabis shows that a modernisation of the UN drug control regime is long overdue. This chapter discusses some of the options available.