>>From: "Webb, Kernaghan: OCA" <[EMAIL PROTECTED]> >>To: volcodes-l <[EMAIL PROTECTED]> >>Subject: U.S. Multinationals, Ethics, and the Law >>Date: Wed, 1 Sep 1999 17:08:00 -0400 >>MIME-Version: 1.0 >>Sender: [EMAIL PROTECTED] >>Precedence: bulk >>Reply-To: [EMAIL PROTECTED] >> >>Greetings, online Voluntary Codes Research Forum members. It may be thought >>that voluntary codes have no legal implications, since the corporations >>which make the commitments have not necessarily been legislatively required >>to do so. It may also be thought that the behaviour abroad of U.S. based >>multinational corporations may be largely beyond the reach of domestic laws. >>In fact, however, corporations which make commitments and representations >>concerning the ethical nature of their products and production processes -- >>be they claims concerning human rights and workers, the environment, or some >>other matter, be they concerning conduct domestically or abroad -- may face >>significant legal implications. These implications may arise under consumer >>misrepresentation laws (virtually very jurisdiction has legislation >>concerning deceptive or misleading representations) or through tort law. >>With respect to the former, Nike has been the subject of a legal action >>pursuant to California consumer misrepresentation legislation laws, >>concerning its human rights practices. (information concerning the Nike is >>located at: >><http://www.multinationals.law.eur.nl/documents/>). >>Concerning tort claims, an interesting development is the resurrection of >>the >>1789 U.S. Alien Tort Claim Act, which was originally designed to provide >>redress for foreigners against sea pirates and slavers. On August 9, 1999, >>four of the 18 American retailers and clothes manufacturers charged with >>unethical labour practices in a $1 billion alien-tort suit, filed on behalf >>of some 50,000 garment workers in Saipan, agreed to settle, without >>admitting liability. (This case was the subject of a previous volcodes forum >>posting). For more information concerning the case, see: >><http://www.igc.org/swatch/marianas/settlement.html> >> >>More generally, Volcodes Forum participants might also wish to check the >>"Multinational >>Corporations and Human Rights" website which has been established by the >>Department of Public International Law, Erasmus University, Rotterdam. The >>website includes links to recent cases and statements of claims, such as >>those pertaining to Unocal, Texaco, Ford, and Nike. There are also links >>to research sites, sustainable development websites, as well as those >>regarding international law, NGOs, international organizations, and >>mulitnational corporations. >>For further information, visit: >>http://www.multinationals.law.eur.nl/documents/ >> >>Regards, >>Kernaghan Webb >>Facilitator, Online Voluntary Codes Research Forum >>and Senior Legal Policy Advisor, >>Office of Consumer Affairs >>Industry Canada >> -------------------------------- >>To post messages to the online Voluntary Codes Research Forum, send your >>e-mail to: >>[EMAIL PROTECTED] >>To visit the VolCodes Research Forum website, go to: >> http://strategis.ic.gc.ca/SSG/ca00973e.html >>To subscribe to the online Voluntary Codes Research Forum, contact Kernaghan >>Webb at: >>[EMAIL PROTECTED] >> >
