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

Lipson, Jonathan C.
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Journal article
Date
2019
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Subject
Commercial law
 Human rights
 Suppliers
 Supply chains
 Globalization
 Breach of contract
 Employees
 Agreements
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http://hdl.handle.net/20.500.12613/6652
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Lipson-JournalArticle-2019-2.pdf
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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.
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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/
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Washington: American University Law Review
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American University Law Review, Vol. 68, Iss. 5 (2019)
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