140 research outputs found

    Towards a Genealogy and Typology of Governance Through Contract Beyond Privity

    Get PDF

    CLT-rakennelevyn korjausrakentaminen

    Get PDF
    Tämän opinnäytetyön tarkoituksena oli tarkastella CLT–puuelementtilevyn (Cross Laminated Timber) korjausrakentamismenetelmiä ja arvioida eri menetelmien kus-tannustehokkuutta. Opinnäytetyön lähtökohtana oli tutkimuksen tekijän tekemä ha-vainto, ettei CLT-rakenteiden korjausrakentamisesta ole vielä mitään dokumentoitua tutkimusta, eikä alan osaajilla ole varmaa tietoa, miten menetelmät toimisivat käytän-nössä. Työn tavoitteena on tehdä yleinen ohje CLT:n vahinkosaneeraukselle, jotta tarpeen vaatiessa tieto on löydettävissä. Työssä tehdyt kokeet toteutettiin osin Kymenlaakson ammattikorkeakoulun raken-nustekniikan laboratoriossa ja osin tutkijan omissa tiloissa. CLT-levyt kokeita varten saatiin Stora Enson Hartolan tehtaalta, ja tarvittavat työvälineet olivat tutkijan omia tai lainattuja. Paloaltistus toteutettiin nuotiopaikalla. Työssä tehtiin havaintoja puuele-menttilevyn käyttäytymisestä palo- ja vesivahinkotilanteessa ja tutkittiin eri korjaus- ja kuivaustoimenpiteitä käytännön kokeilla. Tutkimuksessa havaittiin CLT-levyn kestävän hyvin palo-, sekä vesivahinkoja. Mah-dollisia ongelmia aiheuttavat kuitenkin mikrobikasvustot suljetuissa rakenteissa, se-kä tarvittaessa elementtien vaihtotyön vaikeus ja suuret kustannukset. Palosanee-rauskokeissa saatiin hyviä tuloksia pintakäsittelyn osalta, mutta savun hajun poista-minen rakenteesta havaittiin erittäin vaikeaksi.The purpose of this thesis was to examine various renovating methods of CLT-elements (Cross Laminated Timber) and to assess the cost-effectiveness of those methods. The thesis was based on the author’s observation that the CLT renovation has yet no documented research and that experts of the fields have no certainty how the methods would work in practice. The aim of the thesis was to make a general guideline for renovation of CLT so that the information can be found. Experiments were carried out in the laboratory of Kymenlaakso University of Applied Sciences and in the examiner’s own premises. CLT plates were obtained from Stora Enso’s factory in Hartola and the necessary tools were the researcher’s own or bor-rowed. Fire exposure was carried out at bonfire site. Observations of CLT’s behavior in damage cases and the effect of various renovation and drying methods were made during the experiments. CLT was found to be very sustainable material in every way. However, risks in micro-bial growth in closed structures were noted, and replacement of elements, if needed, would result high costs. In fire renovation experiments, good results were obtained for surface processing, but removal of smoke odor was found extremely difficult

    From National Product Liability to Transnational Production Liability: Conceptualizing the Relationship of Law and Global Supply Chains

    Get PDF

    From product liability to production liability: Modelling a response to the liability deficit of global value chains on historical transformations of production

    Get PDF
    A legal response to the liability deficits inherent in global value chains, the new standard of economic production, could be modelled on legal responses to the liability deficits of earlier transformations of production. One example is provided by the rise of product liability law in the 20th century. In the wake of centralized mass production and fragmented distribution chains, manufacturers and users of goods were increasingly separated from one another not only phys- ically but also from a legal perspective. Law responded by developing causes of action that overcame contractual and corporate boundaries and allowed users of defective goods effective recourse towards manufacturers with whom they otherwise might not have had a legally relevant relationship otherwise. Similarly, in today’s global value chains a central problem is the lack of a legally relevant relationship between lead firms responsible for organizing and governing produc- tion and those harmed by their various tiers of subsidiaries, suppliers and subcontractors. Current approaches to developing such a legally relevant relationship, such as debates over a duty of care based on the common law tort of negligence, are comparable to early developmental phases of product liability law. Under product liability, these early developments were found insufficient for guaranteeing the rights of injured parties, as also seems to be the case in relation to global value chains today. I compare law’s responses to these two transformations of produc- tion and propose modelling lead firm liability for inadequate value chain governance (‘production liability’) on the current, more advanced phases of development of product liability law.</div

    Pragmatism v. principfasthet i nordisk förmögenhetsrätt

    Get PDF

    Legal Reform and the Development of Rule of Law: A Comparison between China and Finland

    Get PDF
    Over the last few decades, global value chains have become the dominant form of economic production. Law has been slow to respond to this change. We have only recently begun to comprehend and regulate global value chains organized as corporate groups and the recent move towards contractually organized value chains pushes law even further away from its comfort zone. In particular, the current state-of-the-art of value chain regulation cannot effectively tackle issues of sustainability in contractually organized value chains. At the same time, several global trends related to private governance, private law litigation and public regulation are driving the development of sustainable value chain governance and developing law’s responses to contractually organized production. In this paper, I look at recent Nordic versions of these global development trends under private governance, private law litigation and public regulation and set them in the global context that they aim to regulate. While on the outset it seems that the Nordic approach tries to go beyond the global state-of-the-art, a key challenge remains in how the local economic interests that are an important driver of Nordic approaches to sustainability are balanced with a more global perspective on sustainability. </p

    The Accord on Fire and Building Safety in Bangladesh: A New Paradigm for Limiting Buyers' Liability in Global Supply Chains?

    Get PDF
    The Accord on Fire and Building Safety in Bangladesh (the Accord) is generally seen as a positive development in ensuring that Bangladeshi garment industry workers have access to safe working conditions. A central structural difference between the Accord and earlier corporate social responsibility (CSR) initiatives is that the Accord takes the form of an enforceable contract that directly connects first-world buyers with representatives of the third-world laborers of their supply chains. Traditionally, CSR mechanisms tread a fine line between a promise of decent labor conditions, often targeted at first-world consumers, and the nonbinding nature of such mechanisms, at least from the perspective of third-world laborers. The chief competitor of the Accord, the Alliance for Bangladesh Worker Safety (the Alliance), follows the traditional model. Thus the Accord represents a break from earlier nonbinding and worker-exclusive CSR by providing a new paradigm stressing enforceability and inclusivity. The novel structural aspects of the Accord are viewed positively by scholarship, interest groups, and general reporting. My starting point is this distinction between the positive, empowering image attributed to the enforceable agreement in the case of the Accord and the negative, hollow-words image of compliance mechanisms that do not take the form of an enforceable agreement, such as the Alliance. I argue that the possibilities for controlling liability allowed by an enforceable governance agreement can outweigh the possibilities for controlling liability allowed by reliance on strict conceptions of privity. From this perspective, the Accord can be critiqued as the herald of a new CSR paradigm that allows buyers new methods for controlling liability over their global supply chains. Additionally, the new paradigm comes with a whitewashing effect towards consumers and regulators. I argue that even more pronounced, however, can be its whitewashing effect towards adjudicators. Courts and arbitral tribunals may be prone to value the sanctity of the four-corners private ordering of transnational contracts, such as the Accord, over locally embedded legal safeguards

    Contract-Boundary-Spanning Governance Mechanisms: Conceptualizing Fragmented and Globalized Production as Collectively Governed Entities

    Get PDF
    Conceptualizing how private actors can and should control their supply chains is a tricky question with both economic and legal dimensions. The topic is of extreme importance in today’s global economy. On the one hand, this importance is highlighted by events such as the catastrophic and deadly collapse of the Rana Plaza factory building in Bangladesh and the economic fiasco of the Olkiluoto 3 nuclear power plant construction project in Finland, both arguably caused by the lack of effective supply chain governance. On the other hand, the potential benefits of successful supply chain governance, shown by examples such as open book accounting in automotive manufacturing, provide another perspective on the importance of focusing on supply chain governance. In this paper, I provide a framework for conceptualizing supply chain governance from a legal perspective. First, I combine the governance analytics of global value chain theory with research into compliance mechanisms and practical examples of contract boundary spanning governance mechanisms. This provides a preliminary typology that helps distinguish between adequate and inadequate governance mechanisms. Second, in contractually organized supply chains, governance mechanisms necessarily transgress contract boundaries and thus privity. This leads me to refer to them as contract-boundary-spanning governance mechanisms. To help conceptualize the requirements for attributing legal normative effects to such mechanisms, I propose using Teubner’s factual framework for evaluating liability in contract networks. Combined together, the typology and the framework provide a tool for evaluating and discussing the appropriateness of liability in different factual situations. This tool is not limited to any specific jurisdiction or doctrine and is thus trans-substantive. It enables further comparison of the legal doctrines available in different jurisdictions and transnationally for their potential in establishing liability in different configurations of supply chain governance.   </div
    corecore