Human Rights, the UN Global Compact, and Global Governance

Cornell International Law Journal

Volumn 34, Issue 3, 2001, Pages 501-521

  Meyer, William H ^a   Stefanova, Boyka ^a  

^a NONE

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[No Author keywords available]

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EID: 0035734977     PISSN: 00108812     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (76)

1. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
2. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
3. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
4. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
5. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
6. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
7. The terms "multinational corporation," "transnational corporation," and "multinational enterprise" are used interchangeably in the more recent literature. Although this paper treats these terms as functional equivalents, we will employ "transnational corporations" as a way to stress the importance of cross-border activities of global firms. The former UN Commission and Center on Transnational Corporations, established in 1974 under the auspices of the Secretary General, made a distinction in the terminology, based on the concepts of "multinational" versus "transnational," to denote an emphasis on the multinational character of operations and/or ownership, as compared to an emphasis on cross-border investment and transactions. This distinction is no longer essential. Further, the Organisation for Economic Co-Operation and Development (OECD) has assumed that the key concept with respect to multinational firms is the global reach of their strategies and operations. The analytical distinction between host and home countries is now almost obsolete. The OECD employs the term "Multinational Enterprises" (MNEs) and defines the latter to comprise "companies or other entities whose ownership is private, state or mixed, established in different countries and so linked that one or more of them may be able to exercise a significant influence over the activities of others and, in particular, to share knowledge and resources with the others," in ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, Introduction, para. 8 (1976), available at http:// www.itcilo.it/english/actrav/teleara/global/ilo/guide/oecd.htm#Introductin (last visited Oct. 7, 2001). See also the subsequent revisions of the Guidelines, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, OECD DECLARATION AND DECISIONS ON INTERNATIONAL INVESTMENT AND MULTINATIONAL ENTERPRISES, 1991 REVIEW (1992; 1997). For a discussion of the problems of definition of the term "multinational corporations" see PETER MUCHLINSKI, MULTINATIONAL ENTERPRISES AND THE LAW 12-15 (1995). For a detailed discussion of the theoretical research on TNCs, see MARK CASSON, MULTINATIONAL CORPORATIONS (1990); RHYS JENKINS, TRANSNATIONAL CORPORATIONS AND UNEVEN DEVELOPMENT: THE INTERNATIONALIZATION OF CAPITAL AND THE THIRD WORLD (1987). For a working definition and discussion of related issues in international political economy, see ROBERT GILPIN, THE POLITICAL ECONOMY OF INTERNATIONAL RELATIONS, 231-262 (1987). For recent data on the global operations of TNCs see UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT, WORLD INVESTMENT REPORT 2000: CROSS-BORDER MERGERS AND ACQUISITIONS AND DEVELOPMENTS (2000).
8. William H. Meyer, Human Rights and MNCs: Theory Versus Quantitative Analysis, 18 HUM. RTS. Q. 368 (1996) [hereinafter Meyer, Human Rights and MNCs]. Meyer's 1998 work also shows a positive correlation between foreign economic aid and better human rights in the Third World. See WILLIAM H. MEYER, HUMAN RIGHTS AND INTERNATIONAL POLITICAL ECONOMY IN THIRD WORLD NATIONS: MULTINATIONAL CORPORATIONS, FOREIGN AID, AND REPRESSION 113-139 (1998) [hereinafter MEYER, POLITICAL ECONOMY].
9. William H. Meyer, Human Rights and MNCs: Theory Versus Quantitative Analysis, 18 HUM. RTS. Q. 368 (1996) [hereinafter Meyer, Human Rights and MNCs]. Meyer's 1998 work also shows a positive correlation between foreign economic aid and better human rights in the Third World. See WILLIAM H. MEYER, HUMAN RIGHTS AND INTERNATIONAL POLITICAL ECONOMY IN THIRD WORLD NATIONS: MULTINATIONAL CORPORATIONS, FOREIGN AID, AND REPRESSION 113-139 (1998) [hereinafter MEYER, POLITICAL ECONOMY].
10. See Debora L. Spar, The Spotlight and the Bottom Line: How Multinationals Export Human Rights, 77 FOREIGN AFF. 7 (1998).
11. Jackie Smith et al., Human Rights and the Global Economy: A Response to Meyer, 21 HUM. RTS. Q. 207 (1999).
12. Meyer, Human Rights and MNCs, supra note 2. For a detailed account, see MEYER, POLITICAL ECONOMY, supra note 2, at 141-195.
13. Meyer, Human Rights and MNCs, supra note 2. For a detailed account, see MEYER, POLITICAL ECONOMY, supra note 2, at 141-195.
14. For a discussion of how these conflicting results make sense and are indeed to be expected given the complex realities of TNCs and human rights, see William H. Meyer, Confirming, Infirming and 'Falsifying' Theories of Human Rights: Reflections on Smith, Bolyard, and Ippolito Through the Lens of Lakatos, 21 HUM. RTS. Q. 220 (1999).
15. The summary that follows is not meant to be a comprehensive listing of all previous efforts to improve corporate social responsibility. Rather, this discussion focuses on those efforts that we take to be most important and representative of the overall (combined) efforts by international organizations, nongovernmental organizations, and national governments.
16. INTERNATIONAL LABOR ORGANIZATION, DECLARATION OF FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK (1998), available at http://www.ilo.org/public/english/standards/ decl/declaration/text/index.htm (last visited Oct. 6, 2001).
17. See UNITED NATIONS, CHARTER-BASED BODIES LITERATURE DATABASE, PROPOSED DRAFT HUMAN RIGHTS CODE OF CONDUCT FOR COMPANIES (United Nations, Working Paper, 25 May 2000), available at http://www.unchr.ch.huridocda/huridocds.nsf (last visited Oct. 5, 2001); see also Morton Winston, Amnesty International and the UN Global Compact (2001) (unpublished paper presented at the Cornell International Law Journal Symposium) (on file with author).
18. See UNITED NATIONS, CHARTER-BASED BODIES LITERATURE DATABASE, PROPOSED DRAFT HUMAN RIGHTS CODE OF CONDUCT FOR COMPANIES (United Nations, Working Paper, 25 May 2000), available at http://www.unchr.ch.huridocda/huridocds.nsf (last visited Oct. 5, 2001); see also Morton Winston, Amnesty International and the UN Global Compact (2001) (unpublished paper presented at the Cornell International Law Journal Symposium) (on file with author).
19. FAIR TRADE AND HARMONIZATION: PREREQUISITES FOR FREE TRADE? (Jagdish Bhagwati & Robert E. Hudec eds., 1996).
20. David W. Leebron, Lying Down with Procrustes: An Analysis of Harmonization Claims, in FREE TRADE AND HARMONIZATION: PREREQUISITES FOR FREE TRADE?, id. at 55.
21. For example, by means of voluntary industry-based, or individual company codes of conduct. Leebron has referred to similar efforts as "private" harmonization. Id. at 93.
22. Dani Rodrik, Globalisation and Labour, or: If Globalisation Is a Bowl of Cherries, Why Are There So Many Glum Faces Around the Table?, in MARKET INTEGRATION, REGIONALISM, AND THE GLOBAL ECONOMY 117, 128-132 (Richard Baldwin et al. eds., 1999).
23. Id. at 130.
24. See, e.g., C. Foster Knight, NAFTA Promises Payoff in Environmental Benefits, F. APPLIED RES. & PUB. POL'Y, Summer 1995, at 29.
25. All three countries, including Mexico, have very good environmental protection and labor laws "on the books". Most problems arise primarily due to lack of enforcement (especially in Mexico).
26. For more on the NAOs, including specific cases brought before these dispute panels, see MEYER, POLITICAL ECONOMY, supra note 2, at 141-195.
27. Id. at 172. For more on the CEC, including specific cases and other weaknesses in the system, see id. at 171-73.
28. See the detailed discussion of U.S policy in Section C below for a description of GSP programs. GSP programs are a component of the UNCTAD institutional framework.
29. All GSP schemes represent extensions of the multilateral liberalization under the WTO system. The schemes are regarded as complementary to WTO instruments, and foster the integration of the developing countries into the world economy.
30. 1998 O.J. (L 357) 1-13; 1998 O.J. (L 189) 13.
31. 1998 O.J. (L 357) 6 (Art. 9, in accordance with Annex VIII).
32. Commission Regulation 1649/2000 of 25 July 2000 Granting the Republic of Moldova the Benefit of the Special Incentive Arrangements Concerning Labour Rights, 2000 O.J. (L 189) 13.
33. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, REVISION 2000 (2000), available at http:// www.oecd.org//daf/investment/guidelmes/mnetext.htm [hereinafter The Guidelines], do not require a legal definition of the term "multinational enterprise", to which they are applied. The Guidelines represent: [Recommendations addressed by governments to multinational enterprises. They provide voluntary principles and standards for responsible business conduct consistent with applicable laws. The Guidelines aim to ensure that the operations of these enterprises are in harmony with government policies, to strengthen the basis of mutual confidence between enterprises and the societies in which they operate, to help improve the foreign investment climate and to enhance the contribution to sustainable development made by multinational enterprises. Id. For a recent account by the OECD Secretariat with respect to the Guidelines see ARGHYRIOS A. FATOUROS, THE OECD GUIDELINES IN A GLOBALIZING WORLD (7 OECD Working Paper 66, 1999, DAFFE/IME/RD (99)3, Feb. 17, 1999), available at http:// www.oecd.org//daf/investment (last visited Oct. 7, 2001). For a complete edition of The Guidelines, including commentary on their scope and nature, sec OECD WORKING PAPERS, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES (OECD, DOC. OCDE/ GD(97)40, 1999). The revised OECD Guidelines for Multinational Enterprises were adopted by the governments of the 30 Member countries of the OECD and Argentina, Brazil and Chile on the occasion of the OECD's annual Council meeting at ministerial level in Paris on 27 June 2000. Following the completion of the revision, the Committee on International Investment and Multinational Enterprises (CIME) issued as a working document the relevant texts with respect to the update. See The OECD Declaration and Decisions on International Investment and Multinational Enterprises: Basic Texts, DAFFE/ IME(2000)20 (Nov. 9, 2000).
34. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, REVISION 2000 (2000), available at http:// www.oecd.org//daf/investment/guidelmes/mnetext.htm [hereinafter The Guidelines], do not require a legal definition of the term "multinational enterprise", to which they are applied. The Guidelines represent: [Recommendations addressed by governments to multinational enterprises. They provide voluntary principles and standards for responsible business conduct consistent with applicable laws. The Guidelines aim to ensure that the operations of these enterprises are in harmony with government policies, to strengthen the basis of mutual confidence between enterprises and the societies in which they operate, to help improve the foreign investment climate and to enhance the contribution to sustainable development made by multinational enterprises. Id. For a recent account by the OECD Secretariat with respect to the Guidelines see ARGHYRIOS A. FATOUROS, THE OECD GUIDELINES IN A GLOBALIZING WORLD (7 OECD Working Paper 66, 1999, DAFFE/IME/RD (99)3, Feb. 17, 1999), available at http:// www.oecd.org//daf/investment (last visited Oct. 7, 2001). For a complete edition of The Guidelines, including commentary on their scope and nature, sec OECD WORKING PAPERS, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES (OECD, DOC. OCDE/ GD(97)40, 1999). The revised OECD Guidelines for Multinational Enterprises were adopted by the governments of the 30 Member countries of the OECD and Argentina, Brazil and Chile on the occasion of the OECD's annual Council meeting at ministerial level in Paris on 27 June 2000. Following the completion of the revision, the Committee on International Investment and Multinational Enterprises (CIME) issued as a working document the relevant texts with respect to the update. See The OECD Declaration and Decisions on International Investment and Multinational Enterprises: Basic Texts, DAFFE/ IME(2000)20 (Nov. 9, 2000).
35. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, REVISION 2000 (2000), available at http:// www.oecd.org//daf/investment/guidelmes/mnetext.htm [hereinafter The Guidelines], do not require a legal definition of the term "multinational enterprise", to which they are applied. The Guidelines represent: [Recommendations addressed by governments to multinational enterprises. They provide voluntary principles and standards for responsible business conduct consistent with applicable laws. The Guidelines aim to ensure that the operations of these enterprises are in harmony with government policies, to strengthen the basis of mutual confidence between enterprises and the societies in which they operate, to help improve the foreign investment climate and to enhance the contribution to sustainable development made by multinational enterprises. Id. For a recent account by the OECD Secretariat with respect to the Guidelines see ARGHYRIOS A. FATOUROS, THE OECD GUIDELINES IN A GLOBALIZING WORLD (7 OECD Working Paper 66, 1999, DAFFE/IME/RD (99)3, Feb. 17, 1999), available at http:// www.oecd.org//daf/investment (last visited Oct. 7, 2001). For a complete edition of The Guidelines, including commentary on their scope and nature, sec OECD WORKING PAPERS, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES (OECD, DOC. OCDE/ GD(97)40, 1999). The revised OECD Guidelines for Multinational Enterprises were adopted by the governments of the 30 Member countries of the OECD and Argentina, Brazil and Chile on the occasion of the OECD's annual Council meeting at ministerial level in Paris on 27 June 2000. Following the completion of the revision, the Committee on International Investment and Multinational Enterprises (CIME) issued as a working document the relevant texts with respect to the update. See The OECD Declaration and Decisions on International Investment and Multinational Enterprises: Basic Texts, DAFFE/ IME(2000)20 (Nov. 9, 2000).
36. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES, REVISION 2000 (2000), available at http:// www.oecd.org//daf/investment/guidelmes/mnetext.htm [hereinafter The Guidelines], do not require a legal definition of the term "multinational enterprise", to which they are applied. The Guidelines represent: [Recommendations addressed by governments to multinational enterprises. They provide voluntary principles and standards for responsible business conduct consistent with applicable laws. The Guidelines aim to ensure that the operations of these enterprises are in harmony with government policies, to strengthen the basis of mutual confidence between enterprises and the societies in which they operate, to help improve the foreign investment climate and to enhance the contribution to sustainable development made by multinational enterprises. Id. For a recent account by the OECD Secretariat with respect to the Guidelines see ARGHYRIOS A. FATOUROS, THE OECD GUIDELINES IN A GLOBALIZING WORLD (7 OECD Working Paper 66, 1999, DAFFE/IME/RD (99)3, Feb. 17, 1999), available at http:// www.oecd.org//daf/investment (last visited Oct. 7, 2001). For a complete edition of The Guidelines, including commentary on their scope and nature, sec OECD WORKING PAPERS, THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES (OECD, DOC. OCDE/ GD(97)40, 1999). The revised OECD Guidelines for Multinational Enterprises were adopted by the governments of the 30 Member countries of the OECD and Argentina, Brazil and Chile on the occasion of the OECD's annual Council meeting at ministerial level in Paris on 27 June 2000. Following the completion of the revision, the Committee on International Investment and Multinational Enterprises (CIME) issued as a working document the relevant texts with respect to the update. See The OECD Declaration and Decisions on International Investment and Multinational Enterprises: Basic Texts, DAFFE/ IME(2000)20 (Nov. 9, 2000).
37. See Organisation for Economic Co-Operation and Development, OECD Principles of Corporate Governance, SG/CG(99)5 (Apr. 19, 1999), available at http:// www.oecd.org/daf/governance/principles.htm (last visited June 27, 2001) for a detailed list of the standards, which represent a set of non-binding principles and embody the views of Member countries on this issue. The Principles: focus on governance problems that result from the separation of ownership and control. Some of the other issues relevant to a company's decision-making processes, such as environmental or ethical concerns, are taken into account but are treated more explicitly in a number of other OECD instruments (including the Guidelines for Multinational Enterprises and the Convention and Recommendation on Bribery) and the instruments of other international organisations. Id. The principles refer to the management of the firm, while incorporating structural factors and the relevance of public policy for microeconomic decision-making. Thus, the principles need to be analytically and substantively distinguished from the Guidelines on MNEs. The Guidelines are non-binding recommendations to enterprises, made by the thirty-three governments that adhere to them. Their aim is to help TNCs operate in harmony with government policies and with societal expectations.
38. The National Contact Points are established under the responsibility of governments. The institutions hosting them vary according to domestic public policy choices. Although the Guidelines set criteria and recommendations with respect to their operation, the National Contact Points differ also according to the scope of activities in which they engage. This lack of uniformity, however, should not be considered as a disadvantage. National Contact Points serve as a forum for public discussion and provide transparency and access for non-state actors (NGOs and citizens). Thus, they can be seen as a first step to resolve issues with respect to TNCs' global operations within the home-country, i.e., at the national level. For a detailed discussion of the mechanism of operation of the National Contact Points, see The Guidelines, supra note 24, at 12, 54-59 (Annex 3) for a list of established National contact points by country.
39. Working for Labor Rights: An Interview with Pharis Harvey, MULTINATIONAL MONITOR, Dec. 1993, at 17.
40. Id. at 20.
41. Shahidul Alam, The Use of Child Labor Does Not Always Violate Human Rights, in HUMAN RIGHTS: OPPOSING VIEWPOINTS 81, 82 (Mary E. Williams ed., 1998).
42. 19 U.S.C. § 1307 (2000). This amendment, signed into law in May 2000, states that forced labor or/and indentured labor includes forced or indentured child labor. Id.
43. See 19 U.S.C. § 2411 (1988) (defining policies that restrict worker rights as unfair and inequitable).
44. Pharis J. Harvey et al., Developing Effective Mechanisms for Implementing Labor Rights in the Global Economy, at http://www.laborrights.org/projects/globalecon/ilrf/ ilrf2b.html (last visited Oct. 1, 2001).
45. Anti-Sweatshop Code gets Clinton Blessing, NEWS JOURNAL, Apr. 13, 1997, at A4.
46. For more on corporate and NGO codes of conduct, see MEYER, POLITICAL ECONOMY, supra note 2, at 197.
47. Phil Berry, corporate spokesman for Nike at the Cornell symposium on the Global Compact, argued that independent monitors have their own agendas and therefore will not be allowed into Nike facilities. Instead, Nike pays for their own "monitors," leading critics to charge that no truly independent watchdogs are able to oversee treatment of labor or environmental practices by the firm.
48. Stephen D. Krasner, Structural Causes and Regime Consequences: Regimes as Intervening Variables, in STEPHEN D. KRASNER, INTERNATIONAL REGIMES 1 (1983). For other classic texts from the regime theory literature see ROBERT O. KEOHANE, AFTER HEGEMONY: COOPERATION AND DISCORD IN THE WORLD POLITICAL ECONOMY (1984). See also John Gerard Ruggie, International Responses to Technology: Concepts and Trends, 29 INT'L ORG 557 (1975); Susan Strange, Cave! hic dragones: A Critique of Regime Analysis, in KRASNER, supra, at 337; Oran R. Young, International Regimes: Problems of Concept Formation, 32 WORLD POL. 331 (1980).
49. Stephen D. Krasner, Structural Causes and Regime Consequences: Regimes as Intervening Variables, in STEPHEN D. KRASNER, INTERNATIONAL REGIMES 1 (1983). For other classic texts from the regime theory literature see ROBERT O. KEOHANE, AFTER HEGEMONY: COOPERATION AND DISCORD IN THE WORLD POLITICAL ECONOMY (1984). See also John Gerard Ruggie, International Responses to Technology: Concepts and Trends, 29 INT'L ORG 557 (1975); Susan Strange, Cave! hic dragones: A Critique of Regime Analysis, in KRASNER, supra, at 337; Oran R. Young, International Regimes: Problems of Concept Formation, 32 WORLD POL. 331 (1980).
50. Stephen D. Krasner, Structural Causes and Regime Consequences: Regimes as Intervening Variables, in STEPHEN D. KRASNER, INTERNATIONAL REGIMES 1 (1983). For other classic texts from the regime theory literature see ROBERT O. KEOHANE, AFTER HEGEMONY: COOPERATION AND DISCORD IN THE WORLD POLITICAL ECONOMY (1984). See also John Gerard Ruggie, International Responses to Technology: Concepts and Trends, 29 INT'L ORG 557 (1975); Susan Strange, Cave! hic dragones: A Critique of Regime Analysis, in KRASNER, supra, at 337; Oran R. Young, International Regimes: Problems of Concept Formation, 32 WORLD POL. 331 (1980).
51. Stephen D. Krasner, Structural Causes and Regime Consequences: Regimes as Intervening Variables, in STEPHEN D. KRASNER, INTERNATIONAL REGIMES 1 (1983). For other classic texts from the regime theory literature see ROBERT O. KEOHANE, AFTER HEGEMONY: COOPERATION AND DISCORD IN THE WORLD POLITICAL ECONOMY (1984). See also John Gerard Ruggie, International Responses to Technology: Concepts and Trends, 29 INT'L ORG 557 (1975); Susan Strange, Cave! hic dragones: A Critique of Regime Analysis, in KRASNER, supra, at 337; Oran R. Young, International Regimes: Problems of Concept Formation, 32 WORLD POL. 331 (1980).
52. Stephen D. Krasner, Structural Causes and Regime Consequences: Regimes as Intervening Variables, in STEPHEN D. KRASNER, INTERNATIONAL REGIMES 1 (1983). For other classic texts from the regime theory literature see ROBERT O. KEOHANE, AFTER HEGEMONY: COOPERATION AND DISCORD IN THE WORLD POLITICAL ECONOMY (1984). See also John Gerard Ruggie, International Responses to Technology: Concepts and Trends, 29 INT'L ORG 557 (1975); Susan Strange, Cave! hic dragones: A Critique of Regime Analysis, in KRASNER, supra, at 337; Oran R. Young, International Regimes: Problems of Concept Formation, 32 WORLD POL. 331 (1980).
53. JACK DONNELLY, INTERNATIONAL HUMAN RIGHTS 3-17 (2d ed. 1998).
54. For more on regime-building for both states and corporations, see William H. Meyer, MNCs, Globalization, and Human Rights: Activism and Research to Build an International Normative Regime, professional paper presented at the annual meetings of the CISS/ISA, Washington, DC, 2000, available at http://hypatia.ss.uci.edu/brysk/ Meyer.html (last visited Oct. 14, 2001).
55. The term "framework regime" is suggested in analogy to "framework convention" in GARETH PORTER & JANET WELSH BROWN, GLOBAL ENVIRONMENTAL POLITICS 20 (1991). For a definition of the term "generative regime", used in a similar way, see also ORAN. R. YOUNG, GOVERNANCE IN WORLD AFFAIRS 31-32 (1999).
56. The term "framework regime" is suggested in analogy to "framework convention" in GARETH PORTER & JANET WELSH BROWN, GLOBAL ENVIRONMENTAL POLITICS 20 (1991). For a definition of the term "generative regime", used in a similar way, see also ORAN. R. YOUNG, GOVERNANCE IN WORLD AFFAIRS 31-32 (1999).
57. The contested character of authority in the new international arena, and the related challenges of achieving governance, have been discussed by Rosenau in James N. Rosenau, Global Changes and Theoretical Challenges: Toward a Postinternational Politics for the 1990s, in GLOBAL CHANGES AND THEORETICAL CHALLENGES: APPROACHES TO WORLD POLITICS FOR THE 1990s 1 (Ernst-Otto Czempiel & James N. Rosenau eds., 1989); JAMES N. ROSENAU, TURBULENCE IN WORLD POLITICS: A THEORY OF CHANGE AND CONTINUITY (1990); JAMES N. ROSENAU & MARY DURFEE, THINKING THEORY THOROUGHLY: COHERENT APPROACHES TO AN INCOHERENT WORLD (2000); JAMES N. ROSENAU, ALONG THE DOMESTIC- FOREIGN FRONTIER: EXPLORING GOVERNANCE IN A TURBULENT WORLD (1997) [hereinafter ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER]; James N. Rosenau, Diplomacy, Proof, and Authority in the Information Age, in POWER AND CONFLICT IN THE AGE OF TRANSPARENCY 315 (Bernard I. Finel & Kristin M. Lord eds., 2000).
58. The contested character of authority in the new international arena, and the related challenges of achieving governance, have been discussed by Rosenau in James N. Rosenau, Global Changes and Theoretical Challenges: Toward a Postinternational Politics for the 1990s, in GLOBAL CHANGES AND THEORETICAL CHALLENGES: APPROACHES TO WORLD POLITICS FOR THE 1990s 1 (Ernst-Otto Czempiel & James N. Rosenau eds., 1989); JAMES N. ROSENAU, TURBULENCE IN WORLD POLITICS: A THEORY OF CHANGE AND CONTINUITY (1990); JAMES N. ROSENAU & MARY DURFEE, THINKING THEORY THOROUGHLY: COHERENT APPROACHES TO AN INCOHERENT WORLD (2000); JAMES N. ROSENAU, ALONG THE DOMESTIC- FOREIGN FRONTIER: EXPLORING GOVERNANCE IN A TURBULENT WORLD (1997) [hereinafter ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER]; James N. Rosenau, Diplomacy, Proof, and Authority in the Information Age, in POWER AND CONFLICT IN THE AGE OF TRANSPARENCY 315 (Bernard I. Finel & Kristin M. Lord eds., 2000).
59. The contested character of authority in the new international arena, and the related challenges of achieving governance, have been discussed by Rosenau in James N. Rosenau, Global Changes and Theoretical Challenges: Toward a Postinternational Politics for the 1990s, in GLOBAL CHANGES AND THEORETICAL CHALLENGES: APPROACHES TO WORLD POLITICS FOR THE 1990s 1 (Ernst-Otto Czempiel & James N. Rosenau eds., 1989); JAMES N. ROSENAU, TURBULENCE IN WORLD POLITICS: A THEORY OF CHANGE AND CONTINUITY (1990); JAMES N. ROSENAU & MARY DURFEE, THINKING THEORY THOROUGHLY: COHERENT APPROACHES TO AN INCOHERENT WORLD (2000); JAMES N. ROSENAU, ALONG THE DOMESTIC- FOREIGN FRONTIER: EXPLORING GOVERNANCE IN A TURBULENT WORLD (1997) [hereinafter ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER]; James N. Rosenau, Diplomacy, Proof, and Authority in the Information Age, in POWER AND CONFLICT IN THE AGE OF TRANSPARENCY 315 (Bernard I. Finel & Kristin M. Lord eds., 2000).
60. The contested character of authority in the new international arena, and the related challenges of achieving governance, have been discussed by Rosenau in James N. Rosenau, Global Changes and Theoretical Challenges: Toward a Postinternational Politics for the 1990s, in GLOBAL CHANGES AND THEORETICAL CHALLENGES: APPROACHES TO WORLD POLITICS FOR THE 1990s 1 (Ernst-Otto Czempiel & James N. Rosenau eds., 1989); JAMES N. ROSENAU, TURBULENCE IN WORLD POLITICS: A THEORY OF CHANGE AND CONTINUITY (1990); JAMES N. ROSENAU & MARY DURFEE, THINKING THEORY THOROUGHLY: COHERENT APPROACHES TO AN INCOHERENT WORLD (2000); JAMES N. ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER: EXPLORING GOVERNANCE IN A TURBULENT WORLD (1997) [hereinafter ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER]; James N. Rosenau, Diplomacy, Proof, and Authority in the Information Age, in POWER AND CONFLICT IN THE AGE OF TRANSPARENCY 315 (Bernard I. Finel & Kristin M. Lord eds., 2000).
61. The contested character of authority in the new international arena, and the related challenges of achieving governance, have been discussed by Rosenau in James N. Rosenau, Global Changes and Theoretical Challenges: Toward a Postinternational Politics for the 1990s, in GLOBAL CHANGES AND THEORETICAL CHALLENGES: APPROACHES TO WORLD POLITICS FOR THE 1990s 1 (Ernst-Otto Czempiel & James N. Rosenau eds., 1989); JAMES N. ROSENAU, TURBULENCE IN WORLD POLITICS: A THEORY OF CHANGE AND CONTINUITY (1990); JAMES N. ROSENAU & MARY DURFEE, THINKING THEORY THOROUGHLY: COHERENT APPROACHES TO AN INCOHERENT WORLD (2000); JAMES N. ROSENAU, ALONG THE DOMESTIC- FOREIGN FRONTIER: EXPLORING GOVERNANCE IN A TURBULENT WORLD (1997) [hereinafter ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER]; James N. Rosenau, Diplomacy, Proof, and Authority in the Information Age, in POWER AND CONFLICT IN THE AGE OF TRANSPARENCY 315 (Bernard I. Finel & Kristin M. Lord eds., 2000).
62. ROSENAU, ALONG THE DOMESTIC-FOREIGN FRONTIER, supra note 40, at 145, 152-153, 156-159.
63. Charlene Barshefsky, Toward Seattle: The Next Round and America's Stake in the Trading System, Address Before the Council on Foreign Relations (Oct. 19, 1999), at http://www.cfr.org/public/pubs/BarshefskyQATranscript.html (last visited Oct. 7, 2001).
64. George A. Lopez & David Cortright, Economic Sanctions and Human Rights: Part of the Problem or Part of the Solution?, l INT'L J. HUM. RTS. 1, 2 (1997).
65. David Cortright et al., Smart Sanctions: Restructuring UN Policy in Iraq, Report to the Joan B. Kroc Institute for International Peace Studies (2001), available at http:// www.nd.edu/-krocinst/research/smartreportapril.pdf (last visited Oct. 5, 2001).
66. George Lopez, Public Address at the University of Delaware, Mar. 12, 2001 (on file with author).
67. See Editorial, One Way Out of the Labour Rights Mire, WORLD TRADE AGENDA, Nov. 20, 2000, at 16.
68. Id.
69. David Ignatius, Think Globally, Build Networks, WASH. POST, Jan. 28, 2001, at B7.
70. Id.
71. Annual Report 1999-2000, Organisation for Economic Co-Operation and Development Financial Action Task Force on Money Laundering (22 June 2000), available at http://www.oecd.org/fatf/pdf/AR2000_en.pdf (last visited Sept. 8, 2001). For a more recent account of the OECD policies, see also FATF, Annual Report 2000-2001, available at http://www.oecd.org/fatf/pdf/AR2001b_en.pdf. For trends in OECD regulation and the record of its capacity building measures by creating broad public awareness, see FATF document releases http://www.oecd.org/fatf/FATDocs_en.htm#Annual (last visited June 27, 2001). See also David Ignatius, Crackdown on Global Theft, WASH. POST, Dec. 3, 2000, at B7.
72. Annual Report 1999-2000, Organisation for Economic Co-Operation and Development Financial Action Task Force on Money Laundering (22 June 2000), available at http://www.oecd.org/fatf/pdf/AR2000_en.pdf (last visited Sept. 8, 2001). For a more recent account of the OECD policies, see also FATF, Annual Report 2000-2001, available at http://www.oecd.org/fatf/pdf/AR2001b_en.pdf. For trends in OECD regulation and the record of its capacity building measures by creating broad public awareness, see FATF document releases http://www.oecd.org/fatf/FATDocs_en.htm#Annual (last visited June 27, 2001). See also David Ignatius, Crackdown on Global Theft, WASH. POST, Dec. 3, 2000, at B7.
73. Annual Report 1999-2000, Organisation for Economic Co-Operation and Development Financial Action Task Force on Money Laundering (22 June 2000), available at http://www.oecd.org/fatf/pdf/AR2000_en.pdf (last visited Sept. 8, 2001). For a more recent account of the OECD policies, see also FATF, Annual Report 2000-2001, available at http://www.oecd.org/fatf/pdf/AR2001b_en.pdf. For trends in OECD regulation and the record of its capacity building measures by creating broad public awareness, see FATF document releases http://www.oecd.org/fatf/FATDocs_en.htm#Annual (last visited June 27, 2001). See also David Ignatius, Crackdown on Global Theft, WASH. POST, Dec. 3, 2000, at B7.
74. Annual Report 1999-2000, Organisation for Economic Co-Operation and Development Financial Action Task Force on Money Laundering (22 June 2000), available at http://www.oecd.org/fatf/pdf/AR2000_en.pdf (last visited Sept. 8, 2001). For a more recent account of the OECD policies, see also FATF, Annual Report 2000-2001, available at http://www.oecd.org/fatf/pdf/AR2001b_en.pdf. For trends in OECD regulation and the record of its capacity building measures by creating broad public awareness, see FATF document releases http://www.oecd.org/fatf/FATDocs_en.htm#Annual (last visited June 27, 2001). See also David Ignatius, Crackdown on Global Theft, WASH. POST, Dec. 3, 2000, at B7.
75. Holger Jensen, Sad State of Human Rights Comes Home to Roost, NEWS JOURNAL, June 2, 2001, at A7.
76. Id.