Breaching the interpretative wall between private and public commercial contracts: Scandinavian case law on fundamental labour standard clauses in public contracts

Research output: Contribution to journalJournal articlepeer-review

Standard

Breaching the interpretative wall between private and public commercial contracts : Scandinavian case law on fundamental labour standard clauses in public contracts. / Gausdal, Maria Edith Lindholm.

In: European Review of Contract Law, Vol. 16, No. 4, 2020, p. 511-532.

Research output: Contribution to journalJournal articlepeer-review

Harvard

Gausdal, MEL 2020, 'Breaching the interpretative wall between private and public commercial contracts: Scandinavian case law on fundamental labour standard clauses in public contracts', European Review of Contract Law, vol. 16, no. 4, pp. 511-532. https://doi.org/10.1515/ercl-2020-0028

APA

Gausdal, M. E. L. (2020). Breaching the interpretative wall between private and public commercial contracts: Scandinavian case law on fundamental labour standard clauses in public contracts. European Review of Contract Law, 16(4), 511-532. https://doi.org/10.1515/ercl-2020-0028

Vancouver

Gausdal MEL. Breaching the interpretative wall between private and public commercial contracts: Scandinavian case law on fundamental labour standard clauses in public contracts. European Review of Contract Law. 2020;16(4):511-532. https://doi.org/10.1515/ercl-2020-0028

Author

Gausdal, Maria Edith Lindholm. / Breaching the interpretative wall between private and public commercial contracts : Scandinavian case law on fundamental labour standard clauses in public contracts. In: European Review of Contract Law. 2020 ; Vol. 16, No. 4. pp. 511-532.

Bibtex

@article{13fdfc24575f4ecd84ee6494f6119edb,
title = "Breaching the interpretative wall between private and public commercial contracts: Scandinavian case law on fundamental labour standard clauses in public contracts",
abstract = "AbstractFrom a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether {\textquoteleft}the interpretative wall{\textquoteright} should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.",
keywords = "Faculty of Law, contract Law, commercial contracts, private and public contracts, fundamental labour standards, sustainability",
author = "Gausdal, {Maria Edith Lindholm}",
note = "Gausdal, Maria Edith Lindholm. {"}Breaching the Interpretative Wall between Private and Public Commercial Contracts: Scandinavian Case Law on Fundamental Labour Standard Clauses in Public Contracts{"} European Review of Contract Law, vol. 16, no. 4, 2020, pp. 511-532. https://doi.org/10.1515/ercl-2020-0028 ",
year = "2020",
doi = "10.1515/ercl-2020-0028",
language = "English",
volume = "16",
pages = "511--532",
journal = "European Review of Contract Law",
issn = "1614-9920",
publisher = "Walterde Gruyter GmbH",
number = "4",

}

RIS

TY - JOUR

T1 - Breaching the interpretative wall between private and public commercial contracts

T2 - Scandinavian case law on fundamental labour standard clauses in public contracts

AU - Gausdal, Maria Edith Lindholm

N1 - Gausdal, Maria Edith Lindholm. "Breaching the Interpretative Wall between Private and Public Commercial Contracts: Scandinavian Case Law on Fundamental Labour Standard Clauses in Public Contracts" European Review of Contract Law, vol. 16, no. 4, 2020, pp. 511-532. https://doi.org/10.1515/ercl-2020-0028

PY - 2020

Y1 - 2020

N2 - AbstractFrom a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether ‘the interpretative wall’ should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.

AB - AbstractFrom a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether ‘the interpretative wall’ should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.

KW - Faculty of Law

KW - contract Law, commercial contracts, private and public contracts, fundamental labour standards, sustainability

U2 - 10.1515/ercl-2020-0028

DO - 10.1515/ercl-2020-0028

M3 - Journal article

VL - 16

SP - 511

EP - 532

JO - European Review of Contract Law

JF - European Review of Contract Law

SN - 1614-9920

IS - 4

ER -

ID: 250254292