Professor Kish Parella’s new manuscript, Procedural Fairness by the Corporation, places in the Top Ten lists for new papers in Contracts, International Economic Law, International Trade , Dispute Resolution, Public International Law: Organizations, Corporate Governance, and CSR Enforcement, among other subject areas.
From the abstract:
Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these “governance gaps.” The ability of corporations to evade state control has also contributed to an unusual development: corporations are governing like states. Some public governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporate actors. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts associated – even caused – by their business activities.
When these roles are fulfilled by state actors, we rely on procedural fairness to guide, even discipline, decision-makers. Procedural fairness improves our faith in decision-makers and their institutions even if we might disagree with the outcomes reached. What does procedural fairness mean when it is undertaken by a corporation performing quasi-public governance? What factors might improve its disciplining potential on corporations and increase the likelihood that the watching public, local and global, might accept the outcomes reached? This Article addresses this challenge by developing a framework for procedural fairness that is based upon human rights research and contract law. The result is a strategy for trust-building that can improve the quality of governance performed by the transnational business sector.
On January 7 and 8, the Frances Lewis Law Center at Washington and Lee School of Law hosted its second Juniors Works-in-Progress Roundtable for International Business.
Over two days, five international business scholars presented works-in-progress and shared feedback on a variety of global issues that confront businesses that operate across borders. Here are their names and topics:
- Julian Arato, Columbia Law School: “Corporations as Lawmakers”
- Pammela Saunders, Drexel University School of Law: “Insuring Corporate Social Responsibility”
- Kish Parella, Washington and Lee University School of Law: “Transcommercial Institutional Legitimacy”
- Sarah Dadush, Rutgers School of Law, “The Social Stock Exchange as Regulator”
- Timothy Meyer, University of Georgia School of Law: “Local Discrimination and Global Public Goods”
On Friday, January 16, Professor Parella will present her work in progress, “Institutional Legitimacy in the Global Value Chain,” at a faculty workshop at Indiana University Maurer School of Law in Bloomington, IN.
From the abstract:
Over the past few decades, we have witnessed the growth of private standard-setting and monitoring as a means to control environmental and labor conditions in international production. Enforcing private standards introduces a historically unfamiliar problem for the transnational business sector: institutional legitimacy. Institutional legitimacy is usually associated with public administration but its need also emerges at the edges of the global marketplace where businesses now undertake private governance. Legitimacy is important to the project of private governance because businesses confront a diverse and expanding audience of stakeholders who often have conflicting interests: consumers, shareholders, suppliers, suppliers’ subcontractors and workers, local and foreign government officials, media, international and local NGOs, international and local unions, and community groups. Businesses need to develop strategies whereby these different stakeholders accept outcomes even if their interests do not ultimately prevail. This is the pluralist challenge from the public arena that has now been replicated within the global marketplace.
Washington and Lee law professors Susan Franck and Kish Parella will present this week at the American Society of International Law 2014 Biennial Research Conference. The conference will be held Thursday, November 13, 2014 through Saturday, November 15, 2014. It is sponsored by the American Society of International Law’s International Economic Law Interest Group in partnership with the University of Denver Sturm College of Law. The theme is “Reassessing International Economic Law and Development: New Challenges for Law and Policy.”
Professor Franck will moderate a panel discussion on investment with panelists Thomas Innes (Stepoe & Johnson LLP), Amokura Kawharu (U. Auckland), Jarrod Wong (U. Pacific) and Gabriele Gagliani (U. Palermo). Professor Franck will also participate as a panelist in a session, “Empirical & Social Scientific Approaches to IEL” with Jason Yackee (U. Wisconsin) and Jide Nzelibe (Northwestern U.). Her talk is entitled “Conflating Politics & Development? Examining Investment Treaty Arbitration Outcomes”
Professor Parella will present her work in progress, Transcommercial Institutional Legitimacy, as part of a panel on voluntary standards and regulating business for development with Sarah Dadush (Rutgers U.), Andrew Woods (U. Kentucky) and Ofer Eldar (Yale U.). Her presentation focuses on the legitimacy of private governance of international production. She examines dispute resolution between different actors in global value chains and suggests ways to improve stakeholder engagement regarding the design of these dispute resolution mechanisms. This research is part of her broader examination of global governance performed by the transnational business sector.
On November 8, Professor Kish Parella will present her work in progress, Transcommercial Institutional Legitimacy, to a group of international law scholars at the annual Research Forum of the American Society of International Law. This paper was recently awarded the Lewis Prize for Excellence in Legal Scholarship by the Francis Lewis Center at Washington and Lee School of Law.
Parella’s research focuses on the legitimacy of private governance of international production. She examines dispute resolution between different actors in global value chains and suggests ways to improve stakeholder engagement regarding the design of these dispute resolution mechanisms. This research is part of her broader examination of global governance performed by the transnational business sector.
Parella will present her research as part of a panel on regulation of international economic activity. Her co-panelists are Professors Stavros Gadinis (Berkeley Law) and Odette Lienau (Cornell Law). Professor Jose Alvarez from New York University School of Law will serve as discussant for the panel. More information on the ASIL Research Forum is available here: http://www.asil.org/midyearmeeting.
On Thursday and Friday, January 9 and 10, the Frances Lewis Law Center at Washington and Lee School of Law is hosting a Juniors Works-in-Progress Roundtable for International Business. The theme of the workshop is “Transnational governance solutions to international business challenges.”
Over the next two days, seven international business scholars will present works-in-progress and share feedback on a variety of issues that confront businesses that operate across borders. Here are their names and topics:
- Andy Spalding, University of Richmond School of Law: “Rethinking Extraterritorial Deterrence”
- Kish Vinayagamoorthy, Washington and Lee University School of Law: “Outsourcing Responsibility”
- Timothy Webster, Case Western University School of Law: “Does the Federal Government Oppose Asian Investment?”
- Timothy Meyer, University of Georgia School of Law: “From Contract to Legislation: The Logic of Modern International Lawmaking”
- Pammela Saunders, Drexel University School of Law: “The Regulatory Impact of Individual Versus Institutional Liability Threats in International Human Rights Litigation”
- Melissa Durkee, University of Washington School of Law: “Corporate Chaos Theory”
- Sarah Dadush, Rutgers School of Law, “Regulating the Market for Social Impact”
Professors Vinayagamoorthy and Shannon Presented at ASIL’s International Economic Law Interest Group Junior Scholars Research Forum
On Friday, November 22, Professors Kish Vinayagamoorthy and Victoria Shannon presented their scholarship at the American Society of International Law (ASIL) International Economic Law Interest Group Junior Scholars Research Forum hosted by the University of Pennsylvania School of Law and the Wharton School. Their proposals were selected through a competitive process by members of the ASIL International Economic Law Interest Group, and senior scholars in the field commented on their work.
Professor Vinayagamoorthy presented on improving corporate social responsibility in global supply chains. Professor Shannon presented on optimal dispute systems for third-party funding.