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

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    Genre
    Journal article
    Date
    2019
    Author
    Lipson, Jonathan C.
    Subject
    Commercial law
    Human rights
    Suppliers
    Supply chains
    Globalization
    Breach of contract
    Employees
    Agreements
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6652
    
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    DOI
    http://dx.doi.org/10.34944/dspace/6634
    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.
    Citation
    Jonathan C. Lipson, Something Else: Specific Relief for Breach of Human Rights Terms in Multinational Supply Chain Agreements, 68 Am. U. L. Rev. 1751 (2019).
    Available at: https://digitalcommons.wcl.american.edu/aulr/vol68/iss5/6/
    Citation to related work
    Washington: American University Law Review
    Has part
    American University Law Review, Vol. 68, Iss. 5 (2019)
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