My prior posts (#1 and #2) set up the idea that contract appears to be an increasingly attractive way to do some sort of “social justice,” for example by attempting to reduce labor trafficking in supply chain contracts. I refer to this generally as “contract (as) social responsibility” (KSR).
I want to turn now to a thoughtful example of KSR terms, the Model Terms (Model Terms) being developed by the Working Group to Draft Human Rights Protections in Supply Contracts of the Business Law Section of the American Bar Association (Working Group).
The Working Group is led by Professor David Snyder (American University) and attorney Susan Maslow. Although the Model Terms have not yet been posted, they should be shortly and, in any case, are available from David (email@example.com) and Susan (firstname.lastname@example.org). The Working Group’s report and the Model Terms are slated to be published in The Business Lawyer later this year. [Disclaimer: I am a member of the Working Group and on the editorial board of The Business Lawyer. Nothing I say on CoOp should be imputed to them.]
While I should probably post a “spoiler alert” here, I thought it would be helpful to summarize certain aspects of the Model Terms in order to identify some of the issues they and, by inference, other KSR terms may raise.
The Model Terms have two goals that are, perhaps, in tension.