跨国公司与人权:“区块链化”全球供应链的承诺与限制

Chang-hsien Tsai, Ching-Fu Lin
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引用次数: 2

摘要

在过去的几十年里,运输和生产技术的进步,加上经济全球化和跨国公司的出现,将分散的生产过程整合成跨司法管辖区的长而复杂的供应链。虽然这种全球供应链(“全球供应链”)有好处,但由于信息不对称以及不同司法管辖区之间的法治差距,普遍存在的侵犯人权行为一直是一个挑战。现代奴役、虐待儿童、恶劣的工作条件、低工资和其他问题在全球南方上游供应商的工厂中再次出现,而全球北方买家却系统性地忽视了这些问题。因此,如何减少gsc沿线的人权侵犯确实是一个令人生畏的问题。今天,不同行为体在不同层面设计和实施了各种公共、私营和混合方法,以应对全球供应链委员会的人权挑战,如联合国《工商业与人权指导原则》(“UNGPs”)、经济合作与发展组织(“经合组织”)的《跨国企业准则》、英国的《现代奴隶制法案》、美国的《多德-弗兰克法案》、《负责任商业联盟行为准则》、社会责任8000国际标准。然而,由于信息不对称和法治缺口,这些公共、私人和混合治理机制变得更加无效和低效。迫切需要一个以GSC的透明度和可追溯性为前提的更强有力的方法。为了填补这些空白,最近出现的分布式账本技术(通常称为区块链)可能会为“技术解决”gsc的人权挑战提供一个有希望的非中介化步骤。为了从理论和实践两个角度评估这种可能性,我们首先在第二节中考察了全球服务公司的特征、利益和跨境溢出效应,以及跨国公司侵犯人权的行为及其权力和责任。第三节阐明了国际和国家层面现有治理模式和监管措施的无效,并指出信息不对称和法治缺口是根本缺陷。这一发现促使我们研究区块链在多大程度上可以作为gsc的治理工具。第四节讨论了区块链的关键特征——透明度、可追溯性、数据一致性和安全性、真实性和完整性——如何缓解信息不对称、法治空白和企业合规问题,从而进一步帮助改善跨国人权问题。然而,尽管“区块链化”gsc似乎有潜力克服公共和私人治理的挑战,但仍有一些规范和技术限制和风险有待解决,例如足够的基础设施支持、可扩展性、网络安全以及“垃圾进出”难题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Shedding New Light on Multinational Corporations and Human Rights: Promises and Limits of “Blockchainizing” the Global Supply Chain
Over the last few decades, advances in transportation and production technology, in conjunction with economic globalization and the emergence of multinational corporations, have consolidated fragmented production processes into long and complex supply chains across jurisdictions. While there are benefits to such global supply chains (“GSCs”), the prevalence of human rights violations attributable to information asymmetry, as well as rule of law gaps between different jurisdictions, has been a constant challenge. Modern slavery, child abuse, harsh working conditions, low wages, and other problems have reoccurred in the factories of upstream suppliers in the global South and have been systemically ignored by buyers in the global North. As such, how to alleviate human rights abuses along GSCs is indeed a daunting problem. Today, various public, private, and hybrid approaches have been designed and implemented at different levels by different actors to address GSC human rights challenges, such as the United Nations’ Guiding Principles on Business and Human Rights (“UNGPs”), the Organization for Economic Co-operation and Development’s (“OECD”) Guidelines for Multinational Enterprises, the United Kingdom’s Modern Slavery Act, the United States’ Dodd-Frank Act, the Responsible Business Alliance Codes of Conduct, and the Social Accountability 8000 International Standard. However, these public, private, and hybrid governance mechanisms have grown more ineffective and inefficient due to—again—information asymmetry, and rule of law gaps. A stronger approach that is premised upon transparency and traceability in the GSC is urgently needed. To fill these gaps, the recent emergence of distributed ledger technologies (commonly referred to as blockchain) may offer a promising disintermediation step toward a “technological fix” to GSCs’ human rights challenges. To assess such a possibility from both a theoretical and a practical perspective, we first examine in Section II the characteristics, benefits, and cross-border spillover effects of GSCs, as well as human rights violations by multinational corporations and their power and responsibilities. Section III illuminates the ineffectiveness of existing governance models and regulatory measures, at both the international and national levels, and identifies information asymmetry and rule of law gaps as fundamental flaws. This finding leads us to examine the extent to which blockchain can serve as a governance tool along GSCs. Section IV discusses how the key features of blockchain—transparency, traceability, data consistency and security, authenticity, and completeness—can alleviate problems of information asymmetry, rule of law gaps, and corporate compliance along GSCs, further helping to ameliorate transnational human rights issues. Nevertheless, while “blockchainizing” GSCs seems to have the potential to overcome challenges of public and private governance, some normative and technical limits and risks remain to be addressed, such as adequate infrastructural support, scalability, cybersecurity, and the “garbage in, garbage out” conundrum.
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