Something Else: Specific Relief for Break of Human Rights Terms in Supply Chain Agreements

Abstract

Contracts may include clauses designed to address human rights related conduct, such as the treatment of a party’s employees, which are difficult to enforce. Model Contract Clauses recently promulgated by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts seek to address these challenges through innovative specific performance terms. This Article assesses these clauses and observes that, while they are unlikely to be enforceable in any ordinary sense, they nevertheless have value because they can induce more constructive settlements ex post and more thoughtful bargaining, ex ante.