Sarah Dadush is a business and human rights law practitioner with a background in international development. She also teaches Contracts, Business & Human Rights, and Consumer Law at Rutgers Law School. Susan Maslow is an experienced business attorney with a focus on transactional corporate law, and a co-founder and partner at Antheil Maslow & MacMinn. They join host Gwen Hassan to discuss how contracts can be used as preventative measures against human rights violations.
Upon coming across the Model Contract clause 1.0 (also called standard contractual clauses), Sarah was taken by the idea of using contracts as a tool for improving the human rights performance of international supply chains. As contracts are well within the dominion of firms, there was something promising about using these legal links in the supply chain to serve a new purpose. Unfortunately, the 1.0 had a significant pain point, but the updated 2.0 intends to solve it.
This pain point, Susan shares, is that model clauses’ definition of non-conforming goods did not address the buyer’s desire to call them non-conforming or even use traditional contract remedies. Soccer balls that are black and white and perfectly stitched look like conforming goods, even if they were made with forced labor. “The first step in [our process] was to define goods that were tainted by forced labor, child labor, or other human rights abuses as defective,” she adds.
Resources
Sarah Dadush on LinkedIn
Susan Maslow on LinkedIn
AMM Law – Susan Maslow