The paper will examine Nike’s exploitation of child laborers in Asian countries: (1) Is it legal if the action occurs within the USA borders; (2) Is it legal if the action occurs in the “Host” country’s borders; (3) Is the business activity legal under international law?. The paper will demonstrate research, analytical, original thought, and discussion attributes. The paper will conform to the graduate standards of the university and will include a Certificate of Authorship.
The paper will contain the following sections:
I. Introductory Section - focusing on narrow action or practice; describing topic; providing adequate background information; stating significance of topic and relevance to business.
II. Legal Section - determining laws governing area (both USA laws, the Host country’s laws and international law); examining nature and effect of laws; noting absence of law or legal "loopholes"; ascertaining legality of action or practice. (There will be three separate sub-sections of this ---APA headings)
Section – analyze the action under ALL ethical
First do some web research on various business ethics theories and then briefly explain and analyze your selected business activity under one of the business ethics that you locate. For example, there are a about 10+ business ethics theories and some of these are: Ethical
Emotism, Kantian ethics; Rawls’s Social Justice Theory; Ethical Relativism
; Formalism; Utilitarianism; Legal Positivism; Machiavellism; Fatalism; Social Contract Theory; (OR ANY OTHER VALID BUSINESS ETHICS THEORY THAT IS GENERALLY ACCEPTED WITHIN THE ACADEMIC COMMUNITY) (you will probably have to do outside research to understand some of these theories and how to apply them properly to your work. You will need to run “key word” searches on the internet to find various business ethics theory and then pick one you would like to use in your paper).
IV. Social Responsibility Section – Regardless of the outcomes of your analysis in section II above, is this business activity socially responsible? Determine if the act is socially responsible by looking at the "long term" effects of the act on society. You should also identify all the “stake holders” relative to the action or practice and balance their similar or competing interests to arrive at a socially responsible course of action.
V. Corrective Action -- Propose a treaty. In this particular section of the paper, describe the need for a treaty to correct, address or improve this controversial business activity. Describe in general what a treaty is and who is bound by it. Describe if it should be self-executing or not under US Law (you will have to do legal research on this term via the internet or in your books). Describe if you will allow “reservations” to the treaty or not (you will have to research via the web and the book and explain this term). You should locate and review the 1980 Vienna Convention on the Law of Treaties (Vienna Convention) which explains the “law of treaties”. Describe its application and follow its rational when proposing your treaty.
VI. Conclusion - summarizing problem, major findings, and proposed solution.
The paper must be in APA 5th edition style.
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The Fair Labor Standards Act, 29 U.S.C.S. 201et seq., (2004).
Global Exchange. (2007). Nike campaign: frequently asked questions. Retrieved September 7,
2009 from GlobalExchange.org
Web site: http://www.globalexchange.org/campaigns/sweatshops/nike/faq.html
United Nations. (1989). Convention on the rights of the child. Retrieved September 7, 2009
Web site: http://www.unesco.org/education/pdf/CHILD_E.PDF
Velasquez, M., Andre, C., Shanks, T., and Meyer, M. (2008). Ethical relativism. Retrieved September 7, 2009 from Markkula Center for Applied Ethics
Web site: http://www.scu.edu/ethics/practicing/decision/ethicalrelativism.html
Xiaofeng, G. And Qian, W. (2008). Authorities seek greater enforcement of child labor laws.
Retrieved September 7, 2009, from Chinadaily
Web site: http://www.chinadaily.com.cn/china/2008-06/12/content_6754284.htm