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Reclaiming state power to bridge governance gaps in global trade

Includes bibliographical references.

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Bibliographic Details
Main Author: Nickell, Jon Karl
Other Authors: Godfrey, Shane
Format: Thesis
Language:English
Published: Department of Public Law 2014
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access_status_str Open Access
author Nickell, Jon Karl
author2 Godfrey, Shane
author_browse Godfrey, Shane
Nickell, Jon Karl
author_facet Godfrey, Shane
Nickell, Jon Karl
author_sort Nickell, Jon Karl
collection Thesis
description Includes bibliographical references.
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id oai:open.uct.ac.za:11427/9177
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:35:06.524Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2014
publishDateRange 2014
publishDateSort 2014
publisher Department of Public Law
publisherStr Department of Public Law
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spelling oai:open.uct.ac.za:11427/9177 Reclaiming state power to bridge governance gaps in global trade Nickell, Jon Karl Godfrey, Shane Human Rights Law Includes bibliographical references. 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? 2014-11-05T03:54:43Z 2014-11-05T03:54:43Z 2014 Master Thesis Masters MPhil http://hdl.handle.net/11427/9177 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Human Rights Law
Nickell, Jon Karl
Reclaiming state power to bridge governance gaps in global trade
thesis_degree_str Master's
title Reclaiming state power to bridge governance gaps in global trade
title_full Reclaiming state power to bridge governance gaps in global trade
title_fullStr Reclaiming state power to bridge governance gaps in global trade
title_full_unstemmed Reclaiming state power to bridge governance gaps in global trade
title_short Reclaiming state power to bridge governance gaps in global trade
title_sort reclaiming state power to bridge governance gaps in global trade
topic Human Rights Law
url http://hdl.handle.net/11427/9177
work_keys_str_mv AT nickelljonkarl reclaimingstatepowertobridgegovernancegapsinglobaltrade