Reclaiming state power to bridge governance gaps in global trade

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dc.contributor.advisorGodfrey, Shaneen_ZA
dc.contributor.authorNickell, Jon Karlen_ZA
dc.date.accessioned2014-11-05T03:54:43Z
dc.date.available2014-11-05T03:54:43Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractAn astute understanding of history is not required to grasp that global trade is not a new phenomenon. As a very young student in American schools, I still recall learning about the caravans of traders trekking across the Silk Road, about the merchant traveller Marco Polo, about the misplaced aspirations of Christopher Columbus and the resulting Columbian Exchange between Europe and the Americas. This is an oft-mythologized and sometimes flatly fabricated period of history,1 but there are basic truths at the base of it all. There were certainly men embarking on difficult journeys across vast ocean stretches, carrying goods from one continent to another with the hope of striking it rich (or at least making enough to buy themselves a good time at the next harbour). There were certainly people who profited, and plenty more who were exploited. But while global trade is not new, the structure and volume of global trade has changed drastically during recent decades. More money is at stake, and so is a greater swath of humanity. Complex global value chains2 have sprouted, in which a single product may contain fingerprints from dozens of countries when it finally lands on retail shelves. In this dissertation I am concerned with the fate of workers that toil anonymously at the base of these global value chains. But my primary focus is to contest a myth, though it has nothing to do with Christopher Columbus. Rather, the dominant narrative surrounding contemporary global trade suggests that regulation of such is beyond our reach. Due to the evolving structure of global trade, ‘governance gaps’ have emerged. This begs many questions: Who is responsible for achieving a remedy when things go wrong, when a factory collapse kills hundreds of workers or when the makers of high-priced fashion aren’t paid a living wage? Do we turn to the state that shelters the corporation, even if the wrongdoing occurs outside their jurisdiction? What about the state where the operations are based? Can they impose their will on corporations that are sheltered elsewhere? Are the corporations themselves responsible, even when they are not directly involved in outsourced operations? Are local manufacturers at fault if they are acting at the behest of a more powerful entity?en_ZA
dc.identifier.apacitationNickell, J. K. (2014). <i>Reclaiming state power to bridge governance gaps in global trade</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/9177en_ZA
dc.identifier.chicagocitationNickell, Jon Karl. <i>"Reclaiming state power to bridge governance gaps in global trade."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/9177en_ZA
dc.identifier.citationNickell, J. 2014. Reclaiming state power to bridge governance gaps in global trade. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Nickell, Jon Karl AB - An astute understanding of history is not required to grasp that global trade is not a new phenomenon. As a very young student in American schools, I still recall learning about the caravans of traders trekking across the Silk Road, about the merchant traveller Marco Polo, about the misplaced aspirations of Christopher Columbus and the resulting Columbian Exchange between Europe and the Americas. This is an oft-mythologized and sometimes flatly fabricated period of history,1 but there are basic truths at the base of it all. There were certainly men embarking on difficult journeys across vast ocean stretches, carrying goods from one continent to another with the hope of striking it rich (or at least making enough to buy themselves a good time at the next harbour). There were certainly people who profited, and plenty more who were exploited. But while global trade is not new, the structure and volume of global trade has changed drastically during recent decades. More money is at stake, and so is a greater swath of humanity. Complex global value chains2 have sprouted, in which a single product may contain fingerprints from dozens of countries when it finally lands on retail shelves. In this dissertation I am concerned with the fate of workers that toil anonymously at the base of these global value chains. But my primary focus is to contest a myth, though it has nothing to do with Christopher Columbus. Rather, the dominant narrative surrounding contemporary global trade suggests that regulation of such is beyond our reach. Due to the evolving structure of global trade, ‘governance gaps’ have emerged. This begs many questions: Who is responsible for achieving a remedy when things go wrong, when a factory collapse kills hundreds of workers or when the makers of high-priced fashion aren’t paid a living wage? Do we turn to the state that shelters the corporation, even if the wrongdoing occurs outside their jurisdiction? What about the state where the operations are based? Can they impose their will on corporations that are sheltered elsewhere? Are the corporations themselves responsible, even when they are not directly involved in outsourced operations? Are local manufacturers at fault if they are acting at the behest of a more powerful entity? DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Reclaiming state power to bridge governance gaps in global trade TI - Reclaiming state power to bridge governance gaps in global trade UR - http://hdl.handle.net/11427/9177 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9177
dc.identifier.vancouvercitationNickell JK. Reclaiming state power to bridge governance gaps in global trade. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9177en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherHuman Rights Lawen_ZA
dc.titleReclaiming state power to bridge governance gaps in global tradeen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMPhilen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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