Wednesday, 26 June 2013

The effects of contracts beyond frontiers

Should consumers in Europe care about deplorable labour conditions under which clothing and other products they bought in the EU were manufactured somewhere else in the world? In the PhD thesis that she defended at the University of Amsterdam today, Lyn Tjon Soei Len makes a case for the invalidity under rules of contract law in Europe of economic transactions for goods made in sweatshops. She takes inspiration from the capabilities approach developed by Martha Nussbaum to argue that a society aiming to be minimally just should not support market activities that have adverse effects on the central capabilities of others elsewhere. A summary of the main lines of her research can be found in a previous publication on 'European Contract Law and the Capabilities Approach: On Distributive Responsibility for Contract Law'.

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