â–ş Full Reference: R. C. Bird, “Contractual Deterrence and the Ethical Supply Chain”, Boston College Law Review, vol. 63, no. 8, 2022, pp. 2539-2620.
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► Summary: the author starts from the contractual architecture of global supply chains and the “cat and mouse” game through which suppliers evade the controls of lead firms. Drawing on deterrence theory, he argues that contractual enforcement of ethical standards is effective only if it is predictably certain – monitoring capacity, transparency between lead firms and suppliers, a track record of actual enforcement – and equitably significant, which requires deterrence-based trust and real influence over the contractual relationship.
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🦉 The article is available in full text to those registered in Professor Marie-Anne Frison-Roche’s courses.