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57 Cornell Int'l L.J. 1 (2024)

handle is hein.journals/cintl57 and id is 1 raw text is: Voice, Prevention, Remedy: Key Elements in a Global Supply Chain Convention James J. Brudneyt Borrowing from Albert Hirschman's classic work, Exit, Voice, and Loyalty, focused on deteriorating performance in economic organizations, this Article explores the interplay among three key elements of a proposed International Convention on Global Supply Chains (GSCs). In doing so, it suggests that Hirschman's model may not have adequately appreciated the distinctive role of power in the labor setting- in particular the power that firms possess over the job security and conditions of workers. The Article emphasizes the importance of Voice as applied to the precar- ious labor relationships that characterize transnational supply chains. The struc- ture of these relationships makes Exit unlikely and Loyalty less relevant. Relatedly, conditions in GSCs invite, if not demand, creation of institutions that can effectively communicate worker complaints. Against this background, the proposed GSC convention envisions a robust, institutionally protected role for workers' voice. The Article explains how this role requires proactive worker participation, along with employers and governments, in creating and implementing a process of human rights due diligence. But voice alone is not enough in the GSC setting. The Article discusses why there must also be a commitment to Prevention of human rights abuses. The pro- posed convention calls for legally binding obligations on business enterprises, and the Article examines several issues that governments must face when implement- ing prevention provisions. Further, in addressing how efforts at prevention become meaningful only when supported by Remedy, the Article discusses an array of remedial approaches, including government-imposed penalties, civil liability avail- able to victims, and a competent authority to oversee this structure. The Article con- cludes that the proposed convention, as a policy mechanism setting international standards, may encourage workers to actualize their labor rights in ways that tran- scend Hirschman's understanding of the role of voice shaped by market forces. T Joseph Crowley Chair in Labor and Employment Law, Fordham Law School. Thanks to Jennifer Gordon for valuable feedback on an earlier draft, to Jamie Taylor for excellent research assistance, and to participants at the Cornell ILR Conference on Transnational Labor Rights in a Globalized Economy for helpful comments. The author is a member of the International Labor Organization Committee of Experts, but this Article is presented solely in his capacity as a law professor. It does not reflect the views of the ILO or the Committee. 57 CORNELL INT'L L.J. 101 (2024)