La expresión jurídica del trabajo en las cadenas globales de valorla proyección europea

Abstract

The need for legal regulation, as an institutionalized response to the phenomenon of corporate self-regulation and its social dimension in a globalized economic space, allows us to allude to a double justification. An extra-systematic justification of the content of such legal norms in order to understand the purpose pursued and its effectiveness, the protection of human labor rights, based on the requirement of a pattern of conduct of due diligence, observable from axiological, teleological and pragmatic or feasible considerations. Likewise, an intrasystematic justification will make it possible to understand the means chosen for this purpose, from postulates of validity and legal certainty, taking into account systemic or coherence considerations, as well as semantic ones, by favoring the regulation of an intelligible, cognizable and enforceable conduct. Non-contractual civil liability stands as a guarantee of decent work in Global Value Chains as an indispensable closing clause, by evidencing the interrelation of proactive and reactive legal responsibilities of transnational scope that concur in the due diligence mandate.