The criticism that voluntary codes of conduct are ineffective can be met by giving greater centrality to human rights in such codes. Provided the human rights obligations of multinational corporations are interpreted as moral obligations specifically tailored to the situation of multinational corporations, this could serve to bring powerful moral force to bear on MNCs and could provide a legitimating basis for NGO monitoring and persuasion. Approached in this way the human rights obligations of MNCs can be taken to include (...) support for political as well as economic rights. This will go some way towards filling the regulatory gap created by the difficulty of controlling the activities of corporations operating globally. However, such a proposal will require a measure of ‘meta-regulation’ whereby the operations of MNCs are legally required to be sufficiently transparent to create the conditions for effective external moral scrutiny. (shrink)

What does it mean to introduce the notion of imagination in the discussion about global justice? What is gained by studying the role of imagination in thinking about global justice? Does a focus on imagination imply that we must replace existing influential principle-centred approaches such as that of John Rawls and his critics? We can distinguish between two approaches to global justice. One approach is Rawlsian and Kantian in inspiration. Discussions within this tradition typically focus on the question whether Rawls's (...) theory of justice (1971), designed for the national level, can or should be applied to the global level. Can and should Rawls's Difference Principle be globalized, as Thomas Pogge argues? Is this proposal superior to Rawls's Law of Peoples (1999)? Another approach to global justice has been developed by Martha Nussbaum in Cultivating Humanity (1997), Poetic Justice (1995), and other work. I will construct her view and critically examine it by looking at her arguments about the relation between empathy, literature, and global justice. At first sight, these two approaches seem to be opposed. The former puts an emphasis on principles, universal reason, and the moral aspects of institutions and their policies, whereas the latter is rather concerned with the relation between imagination and justice, with the particular, and with the individual moral development. But is this necessarily so? I will show that both approaches could benefit from each other's insights to strengthen their own position. Moreover, I will argue for middle way between, or an integration of the two approaches that combines principles and imagination. In this way, we can move towards a more comprehensive account of global justice. (shrink)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations (MNCs) renders MNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for (...) the performance of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)