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Journal articles on the topic 'Corporate Complicity in Human Rights Abuses'

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Published: 4 June 2021
Last updated: 10 March 2023

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1

Herzberg, Anne. "Kiobel and Corporate Complicity– Running with the Pack." AJIL Unbound 107 (2013): 41–48. http://dx.doi.org/10.1017/s2398772300009685.

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Many human rights activists have lamented the outcome of Kiobel v. Royal Dutch Petroleum Co. Reacting to the opinion, Human Rights Watch expressed concern that Kiobel “significantly reduce[s] the possibility that corporations can be held accountable in US courts for human rights abuses committed abroad.” The Center for Constitutional Rights issued a statement that it was “deeply troubled by the Supreme Court's decision to undercut 30 years of jurisprudence.”
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2

Wettstein, Florian. "Silence as Complicity: Elements of a Corporate Duty to Speak Out Against the Violation of Human Rights." Business Ethics Quarterly 22, no. 1 (January 2012): 37–61. http://dx.doi.org/10.5840/beq20122214.

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ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights.
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3

Borgwardt, Elizabeth. "Bernath Lecture: Commerce and Complicity: Corporate Responsibility for Human Rights Abuses as a Legacy of Nuremberg." Diplomatic History 34, no. 4 (August 2, 2010): 627–40. http://dx.doi.org/10.1111/j.1467-7709.2010.00879.x.

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4

AMOROSO, DANIELE. "Moving towards Complicity as a Criterion of Attribution of Private Conducts: Imputation to States of Corporate Abuses in the US Case Law." Leiden Journal of International Law 24, no. 4 (November 3, 2011): 989–1007. http://dx.doi.org/10.1017/s092215651100046x.

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AbstractAccording to the agency paradigm enshrined by the 2001 ILC Articles on State Responsibility, private conducts are attributed to a state when they are carried out on the state's behalf or under its tight control. On closer look, this legal framework proves to be unable to deal with state involvement in human-rights violations perpetrated by powerful non-state actors, such as terrorist groups or transnational corporations. These wrongs, indeed, are often put in place with the fundamental contribution of – but not on behalf of (or under the control of) – a state, with the consequence that, under the traditional paradigm, they could not be attributed to the latter. Against this backdrop, the present paper argues that a new secondary norm has been developing that provides that private wrongs are to be imputed to a state if the latter knowingly facilitated (or otherwise co-operated in) their commission. Although international practice will be duly taken into account, the analysis will be focused mainly on US case law concerning corporate liability for international human-rights violations.
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5

Kristian, K. "Dimension of Human Rights Protection Against Corporate Crimes." Sociological Jurisprudence Journal 5, no. 1 (February 28, 2022): 32–44. http://dx.doi.org/10.22225/scj.5.1.2022.32-44.

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The wave of influence of Neoliberalism and globalization with its system of economic capitalism has begun to change the economic ideology by ignoring sound principles in business dealings (there is even a tendency to put forward the “anomie of success” principle), a considerable number of corporations have committed acts in violation to human rights. This paper is going to examine the implementation of human rights-based protection and law enforcement. It has now become significant considering how critical thinking in solving corporate human rights violation problems is urgently needed. The type of approach used by the writer in this research is the Normative Law Research Method. The methods applied will consist of statute approach, case approach and conceptual approach. Research shows that Indonesia is a country of law. By this concept, principles contained in that country must be applied, one of them being the presence of the acknowledgement and protection of basic human rights. In the context of a country with Pancasila as its main law, the effectual supremacy of law in Indonesia must continually be done within a framework which focuses in creating public welfare and social justice for all Indonesian people. In this context, the human potential and dignity have a high and noble position. Regulation governing the protection of human rights may be found in the Universal Declaration of Human Rights, the 1945 Constitution of the Republic of Indonesia and the 1999 Act of the Republic of Indonesia No. 39 concerning Human Rights. These human rights have frequently been violated by corporations while conducting their business activities. In international legal instruments, The United Nations Global Compact (UNGC) exists as an initiative to strategic policies for corporations to make a commitment which will align their policies and strategic operations with the ten universal principles of human rights, labor, environment and anti-corruption, in order to allow sustainable business practices. Within the sphere of human rights, the UNGC states that “business should support and respect the protection of internationally proclaimed human rights” and “make sure that they are not complicit in human right abuses”, along with other alternatives that may be conducted by the corporations. For that, the country has a responsibility to provide devices by utilizing all its resources to create equality, non-discrimination and human rights protection for every citizen. The country has to do its part to calculate every possible way to allow for human rights protection and to facilitate the recovery over losses that may arise from the violation of human rights, especially those done by corporations.
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6

Sanger, Andrew. "UK GOVERNMENT CANNOT HIDE FROM COMPLICITY IN HUMAN RIGHTS ABUSES." Cambridge Law Journal 76, no. 2 (July 2017): 223–27. http://dx.doi.org/10.1017/s0008197317000447.

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IN the joined appeals of Belhaj v Straw and Rahmatullah (No 1) v Ministry of Defence [2017] UKSC 3, the UK Supreme Court held that state immunity and the foreign act of state doctrine did not prevent claims against the British Government alleging complicity in human rights abuses and breaches of peremptory norms of international law.
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7

Blakeley, Ruth, and Sam Raphael. "Conducting effective research into state complicity in human rights abuses." Contemporary Social Science 15, no. 2 (October 23, 2017): 196–210. http://dx.doi.org/10.1080/21582041.2017.1391406.

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8

Payne, Leigh A., and Gabriel Pereira. "Corporate Complicity in International Human Rights Violations." Annual Review of Law and Social Science 12, no. 1 (October 27, 2016): 63–84. http://dx.doi.org/10.1146/annurev-lawsocsci-110615-085100.

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9

Bohoslavsky, Juan Pablo. "Tracking Down the Missing Financial Link in Transitional Justice." International Human Rights Law Review 1, no. 1 (2012): 54–92. http://dx.doi.org/10.1163/22131035-00101005.

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This article argues that lenders providing financial assistance to authoritarian regimes should be held responsible for complicity if they knew or should have known that they would facilitate human rights abuses. Discussing the lenders’ role in a transitional justice context leads to a broadening of legal and institutional tools to channel this responsibility. This article starts by critically assessing the micro criteria traditionally used to understand the causal link between finance and human rights abuses, suggesting that a macro (i.e. holistic, interdisciplinary and casuistic) approach considering structures, processes and dynamics of sovereign financing should be applied when interpreting this link. It also explains how that traditional view is being challenged. A rational choice approach is taken to explain the most salient financial features of large-scale campaigns of gross human rights violations in order to understand the real relevance of funds in contexts of criminal regimes. The legal bases of responsibility for complicity are then discussed, separately presenting the arguments applied to private, multilateral and bilateral lenders. It also outlines how the missing financial link could be integrated into the domain of transitional justice, presenting, elaborating and assessing enforceability of concrete mechanisms to channel financial complicity in order to attain transitional goals. Finally, concluding remarks and challenges on the relationship between financial complicity and transitional justice are presented; and policy and economic considerations are made to better understand the real implications that incorporating the financial dimension into the transitional justice universe could have for a country.
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10

Simons, Penelope. "Corporate Voluntarism and Human Rights." Articles 59, no. 1 (October 8, 2004): 101–41. http://dx.doi.org/10.7202/009129ar.

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In response to increasing public concern over the accountability of transnational corporations (TNCs) for violations of human rights in the states in which they operate, governments, corporations and NGOs have promoted the development and implementation of voluntary self-regulatory regimes. However, TNC practices under these regimes call into question their adequacy and effectiveness in preventing complicity in egregious violations of human rights by corporations operating in conflict zones and repressive regimes. This article reviews and assesses the language, human rights content and compliance mechanisms of the voluntary policies and/or codes developed by a number of corporations, industry groups, intergovernmental organizations and multistakeholder initiatives, as well as associated corporate practices. The analysis shows that these voluntary regimes are flawed and inadequate, and therefore unable to ensure that TNCs are not complicit in human rights violations in their extra-territorial activities.
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11

Deva, Surya. "Corporate Accountability for Human Rights Abuses in Asia." Sogang Journal of Law and Business 8, no. 3 (December 31, 2018): 51–74. http://dx.doi.org/10.35505/sjlb.2018.12.8.3.51.

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12

Lee, Sang Soo. "Legal Approach to Corporate Complicity in Human Rights Violations." Sogang Journal of Law and Business 8, no. 1 (April 30, 2018): 53–83. http://dx.doi.org/10.35505/sjlb.2018.04.8.1.53.

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13

Westermann-Behaylo, Michelle Karen, Tricia Olsen, Kathleen Rehbein, and Annie C. Snelson-Powell. "Uncovering Pathways to Remedy for Corporate Human Rights Abuses." Academy of Management Proceedings 2018, no. 1 (August 2018): 11354. http://dx.doi.org/10.5465/ambpp.2018.11354abstract.

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14

Inyang, Philippa Osim. "The Necessity for Revisiting Direct Corporate Human Rights Obligations in the Current Business and Human Rights Treaty Process." African Journal of Law, Political Research and Administration 4, no. 2 (December 14, 2021): 71–87. http://dx.doi.org/10.52589/ajlpra-esi4chiq.

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The international community has awoken to the reality that transnational corporations (TNCs) do not only control more resources than a good number of states. They wield enormous influence in the corporate world which greatly impacts on local cultures and initiatives. Many of these TNCs, who operate in developing states, engage in activities which frequently result in human rights abuses. Several states rely on the resources extracted by these large corporations as the main stay of their economies. Consequently, they lack the economic capacity and political will to effectively regulate the activities of the TNCs, leaving these entities to perpetrate human rights abuses in the local communities with impunity. Although the Human Rights Council, through the Inter-governmental working group on Business and Human Rights, has begun a treaty process on business and human rights to address these issues, the work of the IGWG, so far, has not adequately responded the root cause of the corporate impunity, which is their unwillingness and inability to hold corporate entities accountable for their harmful activities. Thus, this paper proposes that the issue of direct human rights obligations on corporate entities should be revisited in order to ensure that corporate entities do not escape accountability for human rights harm resulting from their activities.
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15

Stephens, Beth. "Remarks by Beth Stephens." Proceedings of the ASIL Annual Meeting 113 (2019): 166–67. http://dx.doi.org/10.1017/amp.2019.169.

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Mechanisms to hold corporations liable for human rights abuses are usually grossly inadequate. All too often, local remedies are not available because the host government and legal system are inadequate or captured by corporate interests. The subsidiary directly responsible for the abuses may not have the funds to provide an adequate remedy, and the parent corporation may not be subject to the jurisdiction of local courts. As a result, victims and survivors of abuses have attempted to follow corporate actors to their home states, through human rights litigation in U.S. and European courts. Although such litigation flourished in U.S. courts for two decades, recent Supreme Court decisions have slashed the number of U.S. human rights cases.
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16

Macfarlane, Emma. "The Hague Rules on Third-Party Joinder: A Revised Framework." Michigan Business & Entrepreneurial Law Review, no. 10.2 (2021): 217. http://dx.doi.org/10.36639/mbelr.10.2.hague.

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This paper critically assesses the Hague Rules’ stance on third-party joinder. Third-party joinder is an important feature in business human rights disputes. It is a mechanism that victims of human rights abuses can use to bring claims against corporate defendants where the victims do not otherwise have an underlying agreement on which to base their claim. Keeping in line with traditional conceptions of commercial arbitration, the Hague Rules are grounded in party consent to arbitrate. Conceptions of consent therefore have an outsized impact on the universe of parties who can bring actions against corporations before arbitral tribunals for human rights abuses. The main objective of this paper is to offer an alternative framework of third-party joinder and consent to achieve a better balance between the interests of claimants alleging human rights abuses and corporate defendants. Part I traces the rise of arbitral tribunals as fora for business human rights disputes. Part II outlines the procedural shortcomings of third-party joinder in business human rights cases before arbitral tribunals under the Hague Rules. Part III advocates for a new framework to guide arbitral tribunals when assessing whether to allow requests for third-party joinder.
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17

Teitel, Ruti. "On Corporate Responsibility, Human Rights, and Transitional Justice: Quo Vadis?" Proceedings of the ASIL Annual Meeting 112 (2018): 324–26. http://dx.doi.org/10.1017/amp.2019.6.

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The 2018 ASIL panel on the question of corporate responsibility and human rights, and in particular, my remarks on corporate responsibility and transitional justice, preceded a long-awaited United States Supreme Court decision on the question of whether foreign corporate responsibility for human rights abuses belonged in United States courts ending in a closely decided vote—dividing sharply along political lines, with the Court conservatives in splintered opinions deciding against such liability. A forceful dissent by the four liberals on the Court would have allowed the Alien Tort Claims Act (ACTA) claim to go forward.
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18

Muchlinski, Peter. "Implementing the New UN Corporate Human Rights Framework: Implications for Corporate Law, Governance, and Regulation." Business Ethics Quarterly 22, no. 1 (January 2012): 145–77. http://dx.doi.org/10.5840/beq20122218.

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ABSTRACT:The UN Framework on Human Rights and Business comprises the State’s duty to protect human rights, the corporate responsibility to respect human rights, and the duty to remedy abuses. This paper focuses on the corporate responsibility to respect. It considers how to overcome obstacles, arising out of national and international law, to the development of a legally binding corporate duty to respect human rights. It is argued that the notion of human rights due diligence will lead to the creation of binding legal duties and that principles of corporate and tort law can be adapted to this end. Furthermore, recent legal developments accept an “enlightened shareholder value” approach allowing corporate managers to consider human rights issues when making decisions. The responsibility to respect involves adaptation of shareholder based corporate governance towards a more stakeholder oriented approach and could lead to the development of a new, stakeholder based, corporate model.
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19

MARITAN, RODOLFO FERREIRA, and CÍNTIA RODRIGUES DE OLIVEIRA. "Business and Human Rights: an analysis of attempts to neutralize allegations of human rights violations." Cadernos EBAPE.BR 20, no. 2 (March 2022): 193–206. http://dx.doi.org/10.1590/1679-395120210021x.

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Abstract This article analyzes companies’ attempts to neutralize allegations of human rights (HR) violations. The literature review focuses on the meanings HR gained in businesses. The empirical material comprises secondary sources such as newspapers, NGO reports, blogs, and other publications resulting from initiatives aimed at environmental causes and HR. Based on the empirical material, we analyzed the denunciations of HR violations by nine multinationals and we used thematic analysis based on the theoretical contribution and the selected sources. The results showed that companies, as global players, adopt corporate complicity attitudes abstaining from responsibilities and a recurring attempt to deny complaints by disqualifying and discrediting them, denying the past, literally and implicitly, and creating war cabinets.
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20

Clough, Jonathan. "Not-so-innocents abroad: corporate criminal liability for human rights abuses." Australian Journal of Human Rights 11, no. 1 (October 2005): 1–32. http://dx.doi.org/10.1080/1323238x.2005.11910792.

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21

Aguirre, Daniel, and Irene Pietropaoli. "Institutional Reform in Myanmar: Preventing Corporate Land Rights Abuses." International Journal of Transitional Justice 15, no. 1 (March 1, 2021): 148–68. http://dx.doi.org/10.1093/ijtj/ijab003.

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Abstract In 2011, after five decades of authoritarian rule, Myanmar accelerated its military-guided transition, culminating in partially democratic elections in 2015. While land reform was a central part of protest that led to governmental changes, unlawful land confiscation and forced evictions remain central obstacles to transition in Myanmar. The current government has failed to reform the legal framework, institutions, policy and practice violating Housing, Land and Property (HLP) rights. While civil society has called for participatory and accountable institutions, a perceived need to appease the military, to harness the economic power of ‘crony’ businesspeople and to attract foreign investment has left violations of HLP rights inadequately addressed. This article argues that transitional justice’s guarantees of non-reoccurrence are essential to the protection of HLP rights in Myanmar, and that the best method of preventing reoccurrence is through upholding the state duty to protect human rights by reforming laws and institutions.
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22

Topić, Boris. "Guiding principles on business and human rights: The important attempt to address corporate human rights abuses." Pravni zapisi 11, no. 1 (2020): 254–91. http://dx.doi.org/10.5937/pravzap0-24931.

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23

Wolfsteller, René. "The Unrealized Potential of National Human Rights Institutions in Business and Human Rights Regulation: Conditions for Effective Engagement and Proposal for Reform." Human Rights Review 23, no. 1 (November 10, 2021): 43–68. http://dx.doi.org/10.1007/s12142-021-00639-9.

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AbstractWhile National Human Rights Institutions (NHRIs) are widely regarded as particularly promising tools in the emerging transnational regime for the regulation of business and human rights, we still know little about their potential and actual contribution to this field. This article bridges the gap between business and human rights research and NHRI scholarship, proceeding in three steps: Firstly, I analyze the structural conditions for NHRIs to tackle business-related human rights abuses effectively, focusing on the key conditions of legitimacy and competences. Secondly, I examine the envisaged role and functions of NHRIs in business and human rights regulation according to the Paris Principles and the UN Guiding Principles. Thirdly, I reconstruct and critically assess NHRIs’ mandates and powers to address corporate human rights abuse, based on the analysis of surveys and reports. I argue that there is a significant mismatch between the essential structural conditions for effective NHRI engagement with business and human rights, the expected contribution of NHRIs to the prevention and remedy of corporate human rights abuses, and the limitations of their mandates and powers in practice. To overcome that misalignment and unlock NHRIs’ full potential, this article proposes a reform of the Paris Principles which would provide these institutions with a robust source of international legitimacy and increase the pressure on state governments to extend their powers.
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24

Wettstein, Florian. "The Duty to Protect: Corporate Complicity, Political Responsibility, and Human Rights Advocacy." Journal of Business Ethics 96, no. 1 (February 14, 2010): 33–47. http://dx.doi.org/10.1007/s10551-010-0447-8.

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25

Bueno, Nicolas, and Claire Bright. "IMPLEMENTING HUMAN RIGHTS DUE DILIGENCE THROUGH CORPORATE CIVIL LIABILITY." International and Comparative Law Quarterly 69, no. 4 (September 7, 2020): 789–818. http://dx.doi.org/10.1017/s0020589320000305.

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AbstractSince the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability mechanisms in the draft Treaty on Business and Human Rights and in domestic mandatory HRDD legislation and initiatives such as the French Duty of Vigilance Law and the Swiss Responsible Business Initiative. It compares these developments with the emerging case law on parent company and supply chain liability for human rights abuses. It explores the potentially perverse effects that certain civil liability provisions and court decisions might have on companies’ practices. Finally, it makes recommendations for the design of effective liability mechanisms to implement HRDD.
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26

Gready, Paul. "Medical Complicity in Human Rights Abuses: A Case Study of District Surgeons in Apartheid South Africa." Journal of Human Rights 6, no. 4 (December 11, 2007): 415–32. http://dx.doi.org/10.1080/14754830701677303.

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27

Bishop, John Douglas. "The Limits of Corporate Human Rights Obligations and the Rights of For-Profit Corporations." Business Ethics Quarterly 22, no. 1 (January 2012): 119–44. http://dx.doi.org/10.5840/beq20122217.

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ABSTRACT:The extension of human rights obligations to corporations raises questions about whose rights and which rights corporations are responsible for. This paper gives a partial answer by asking what legal rights corporations would need to have to fulfil various sorts of human rights obligations. We should compare the chances of human rights fulfilment (and violations) that are likely to result from assigning human rights obligations to corporations with the chances of human rights fulfilment (and violations) that are likely to result from giving corporations the legal rights needed to undertake those human rights obligations. Corporations should respect basic human rights of all people. Non-complicity in human rights violations requires that corporations have the right to political freedom of speech. To actively protect people from human rights violations, corporations need the right to hire armed security personnel; such obligations should be limited to protecting corporate property and narrowly defined stakeholders. Obligations to spend corporate resources on human rights fulfilment are confined to contributing to specific projects. Corporations have no obligation to ensure a society in which human rights are fulfilled. This principle helps us understand why corporate obligations are substantially different from those of governments.
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28

Amodu, Nojeem. "Business and human rights versus corporate social responsibility: Integration for victim remedies." African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–24. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a34.

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It is a daunting task to discern between the several debates within and surrounding the corporate social responsibility and the business and human rights movements. At the basic level of objectives, for instance, questions arise as to which movement is substantively or comparatively broader in scope. In contributing to the debates, this article investigates their evolution and the intersections within the fields. It finds both movements to be inextricably-linked regulatory movements directed at establishing accountability for the impact of human rights violations. Using the human rights due diligence requirement elaborated by the influential United Nations Guiding Principles on Business and Human Rights as a springboard, the article integrates the shared objective of the two inseparable movements, describing for scholarship and practice, the ambit of a victim-centred accountability remedial framework for business-related human rights abuses.
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29

Droubi, Sufyan. "An Interdisciplinary Dialogue with the Business and Human Rights Literature." Israel Law Review 55, no. 1 (February 4, 2022): 64–96. http://dx.doi.org/10.1017/s0021223721000273.

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The article draws on scholarships in the areas of international law, inequality and energy justice to engage in a dialogue with the business and human rights literature, from the perspective of the global south and Latin America, in particular. It engages with Gwynne Skinner's monograph about overcoming barriers to judicial remedy for corporate abuses of human rights. Skinner argues that if victims of these abuses cannot secure remedy in the countries in which the abuses occur – because of weak or corrupt institutions, among other factors – then the victims have a right to remedy in the home countries of the corporations and in countries in which they may conduct business – specifically, the United States, Canada and Europe. Skinner recommends that new legislation be introduced in these countries to ensure that their courts have jurisdiction to hear cases, under international human rights law, even when the cases have little or no links with the forum countries. I argue that a more robust international law and interdisciplinary approach shows that international human rights law alone provides a weak basis for the recommendations. I also reflect on part of the narrative that supports Skinner's argument, which builds a negative image of the courts in developing countries, to argue that this is unnecessary and that expansions of the bases of jurisdiction should be implemented on specific and stronger reasons.
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Askin, Elif. "The Human Rights Responsibilities of Corporations in Global Supply Chains." Zeitschrift für europarechtliche Studien 25, no. 2 (2022): 319–34. http://dx.doi.org/10.5771/1435-439x-2022-2-319.

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In a globalised economy, transnational corporations from all sectors are directly or indirectly linked to global supply chains, in particular through transnational business activities and foreign investments. That this represents a potential threat to individuals and the environment has been revealed by persistent human rights abuses and damage to the environment. In practice, human rights abuses by transnational corporations often take place in countries of the Global South and affect the most vulnerable people, such as women workers, child labourers and residents of poor and rural areas. Nevertheless, the existing international human rights system does not impose direct human rights obligations on private actors, including transnational corporations. The responsibilities of transnational corporations for human rights in global supply chains are mainly based on a patchwork of soft regulations. In recent years, however, new initiatives have emerged at the national and international level, such as the the development of an internationally legally binding treaty to regulate business activities with respect to human rights or domestic legislation for corporate due diligence obligations. Most of these initiatives emphasise the role of the State in incorporating a “mediated” approach to the human rights responsibility of transnational corporations. This article explores recent developments connected to the human rights responsibilities of corporations and discusses their feasibility under international human rights law.
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31

Mares, Radu. "Corporate and State Responsibilities in Conflict-Affected Areas." Nordic Journal of International Law 83, no. 3 (August 19, 2014): 293–345. http://dx.doi.org/10.1163/15718107-08303004.

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Some of the emblematic cases of corporate-related infringements of human rights have appeared in unstable and violence-ridden zones, including armed conflict and other contexts with lower levels of conflict, internal disturbances, widespread violence and latent tensions. Businesses have been involved in different ways, as direct perpetrators, accomplices or mere trading partners. This article tracks the issue of conflict-affected areas as elaborated in the United Nations (UN) Guiding Principles on Business and Human Rights during the Special Representative’s mandate (2005–2011) and the post-mandate period of 2011–2014, especially by looking at the UN Working Group on business and human rights and the emerging National Action Plans. Conflict was a theme of high priority during John Ruggie’s UN mandate but lost visibility in the post-2011 period. What could explain this change? This article analyses in depth the relevant provisions in the UN Guiding Principles, particularly Principle 7, and how stakeholders have responded to the Special Representative’s policy recommendations. The results of this analysis indicate that, contrary to appearances, Principle 7 is not merely an operational, context-specific principle limited to conflict-affected zones where the host state is incapacitated by conflict; rather Principle 7 should be seen as a foundational principle about gross abuses, about the responsibilities of home states to act preventively and reactively when ‘their’ companies are involved in gross abuses in conflict-affected areas and beyond.
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32

Carmody, Chi. "Talisman Energy, Sudan, and Corporate Social Responsibility." Canadian Yearbook of international Law/Annuaire canadien de droit international 38 (2001): 237–60. http://dx.doi.org/10.1017/s0069005800007396.

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SummaryIn 1998, a Canadian oil company, Talisman Energy Incorporated of Calgary, acquired part interest in an oil concession in southern Sudan. In 1999, it began exporting oil from the region and paying royalties to the Sudanese government, some of which have been used to fund government forces engaged in a civil war against separatists in the south. The war has caused numerous human rights abuses. Talisman’s investment in Sudan therefore raises concerns about corporate operations in countries where there are serious and frequent human rights violations. What are Talisman and Canada’s obligations at this particular juncture — a point of fertile development in the field of international corporate social responsibility? This comment examines this question in light of recent events.
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33

Methven O'Brien, Claire, and Sumithra Dhanarajan. "The corporate responsibility to respect human rights: a status review." Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 542–67. http://dx.doi.org/10.1108/aaaj-09-2015-2230.

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Purpose – The purpose of this paper is to discuss a wide range of significant developments that have emerged in the wake of the UNs endorsement of the Guiding Principles on Business and Human Rights (GPs) in June 2011. In particular, the paper offers a preliminary assessment of how the GPs’ corporate responsibility to respect human rights has been interpreted and to what extent it has been operationalised through government action, business behaviour and the praxis of other social actors. Design/methodology/approach – The paper provides a comprehensive assessment of a number of key developments related to Pillar 2 of the GPs – concerned with the corporate responsibility to respect human rights. More specifically, the paper considers a range of elements relating to corporate human rights due diligence, including: establishing a corporate human rights policy; the undertaking of human rights impact assessment; integrating findings of impact assessment, and; corporate human rights reporting. Findings – Based on the assessment of recent developments and initiatives, the paper suggests that the corporate responsibility to respect human rights, as expressed in Pillar 2 of the GPs, embodies the culmination of significant progress in the sphere of corporate accountability. In doing so, the paper documents a plethora of innovations in regulation and praxis, led by actors in government and the corporate sector, civil society organisations, labour unions and others, in the areas of human rights due diligence, impact assessment and reporting. Yet overall, change is slow and partial and the results achieved are still unsatisfactory. Severe business-related human rights abuses remain endemic in many industry sectors and in many countries. Research limitations/implications – The implementation of the GPs is at a key stage of development, with a multitude of initiatives and actors attempting to develop and influence new forms of corporate governance. This paper provides an overview and assessment of these key developments. Originality/value – This paper provides an important assessment and synthesis of key developments related to corporate responsibility for human rights.
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Siddiqui, Javed, and Shahzad Uddin. "Human rights disasters, corporate accountability and the state." Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 679–704. http://dx.doi.org/10.1108/aaaj-07-2015-2140.

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Purpose – The purpose of this paper is to examine the state-business nexus in responses to human rights violations in businesses and questions the efficacy of the UN guiding principles on human rights in businesses, in particular in the ready-made garments (RMG) industry in Bangladesh. Drawing on Cohen’s notion of “denial” and Black’s (2008) legitimacy and accountability relationships of state and non-state actors, the study seeks to explain why such “soft” global regulations remain inadequate. Design/methodology/approach – The empirical work for this paper is based on the authors’ participation in two multiple-stakeholder advisory consultation meetings for the RMG sector in Bangladesh and 11 follow-up interviews. This is supplemented by documentary evidence on human rights disasters, responses of the state and non-state actors and human rights reports published in national and international newspapers. Findings – The paper provides clear evidence that the state-business nexus perpetuates human rights disasters. The study also shows that the Bangladeshi state, ruled by family-led political parties, is more inclined to protect businesses that cause human rights disasters than to ensure human rights in businesses. The economic conditions of the RMG industry and accountability and legitimacy relationships between state and non-state actors have provided the necessary background for RMG owners to continue to violate the safety and security of the workplace and maintain inhumane working conditions. Research limitations/implications – Complex state politics, including family, kinship and wealthy supporters, and economic circumstances have serious implications for the efficacy of the UN guiding principle on human rights for business. This paper calls for broader political and economic changes, nationally and internationally. Originality/value – The study highlights the perpetuation of corporate human rights abuses by the state-business nexus, and indicates that human rights issues continue to be ignored through a discourse of denial. This is explained in terms of legitimacy and accountability relationships between state and non-state actors, bounded by complex political and economic conditions.
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Moerman, Lee C., and Sandra L. van der Laan. "Accountability, asbestos and indigenous rights: The case of Baryulgil." Accounting History 16, no. 4 (November 2011): 439–57. http://dx.doi.org/10.1177/1032373211417992.

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This paper documents the history of paternalistic state policies and the effects of asbestos mining on the Indigenous community at Baryulgil in northern New South Wales. Despite the lack of profitability, the asbestos operations continued for over 30 years leaving a legacy of asbestos-related health and environmental issues. The shift of responsibility for Indigenous welfare from the State to a corporate entity is evidenced in this historical study using the lens of historical institutionalism. The Baryulgil case is instructive in a number of ways: it demonstrates the subtlety with which human rights abuses can occur in an environment where paternalistic attitudes towards Indigenous peoples prevail; it demonstrates the clash between pursuit of corporate objectives and human rights; and finally it demonstrates the lack of corporate accountability in the asbestos industry.
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36

Taylor, Mark B. "Due Diligence: A Compliance Standard for Responsible European Companies." European Company Law 11, Issue 2 (April 1, 2014): 86–89. http://dx.doi.org/10.54648/eucl2014016.

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After decades of debate, new global norms are emerging in the field of human rights that clearly define a company's social responsibility. The UN and the OECD have adopted these new standards which impose a due diligence duty on companies to avoid human rights abuses related to the corporate activities. But how well do the new standards fit with existing European law and policy governing responsible business? The paper examines some recent comparative law research, including topical legislation recently proposed in France
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Deva, Surya. "Corporate Accountability for Human Rights Abuses in Asia : Critical Reflections on Lessons from Europe." Sogang Journal of Law and Business 8, no. 3 (December 31, 2018): 75–88. http://dx.doi.org/10.35505/sjlb.2018.12.8.3.75.

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38

Saloranta, Juho. "The EU Whistleblowing Directive: An Opportunity for (Operationalizing) Corporate Human Rights Grievance Mechanisms?" European Business Organization Law Review 22, no. 4 (November 9, 2021): 753–80. http://dx.doi.org/10.1007/s40804-021-00226-y.

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AbstractDespite being an internationally accepted corporate social responsibility framework, the United Nations Guiding Principles on Business and Human Rights have not managed to provide victims of corporate human rights violations with access to remedy. The European Commission has announced plans to introduce an EU-level human rights due diligence directive which may include corporate grievance mechanisms. This article considers potential synergies between the planned directive and the mechanism laid down in the Whistleblowing Directive. Three issues are highlighted. First, stakeholders usually face retaliation after making a complaint about human rights abuses in a company’s operations. By setting formal levels of protection against retaliation, the Whistleblowing Directive offers a regulatory framework to change this reality. Second, conducting effective human rights due diligence must be based on meaningful consultation with all relevant stakeholders. If companies approach this issue in a top-down manner using auditing firms, they risk non-compliance with human rights due diligence requirements. Therefore, the legislation should include corporate grievance mechanisms to match remedies with victims’ expectations. Third, in terms of corporate grievance mechanisms, victims often lack resources to participate in them in a fair and respectful manner. This requires EU Member States to use their legislative power to lay down regulations that effectively enhance cooperation and coordination with independent monitoring bodies. To enhance the development as to access to remedy, the Whistleblowing Directive offers synergies through which to achieve greater accessibility, transparency, and victim empowerment. Corporate grievance mechanisms, facilitated by the Whistleblowing Directive, could take this a step further.
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Ulgen, Ozlem. "Boycotts, Funds, and Class Actions: Democratic Imperative Mechanisms against Corporate Complicity in Human Rights Violations." Palestine Yearbook of International Law Online 18, no. 1 (July 22, 2020): 115–43. http://dx.doi.org/10.1163/22116141_018010006.

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40

Emeseh, Engobo, and Ondotimi Songi. "CSR, human rights abuse and sustainability report accountability." International Journal of Law and Management 56, no. 2 (March 4, 2014): 136–51. http://dx.doi.org/10.1108/ijlma-01-2013-0001.

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Purpose – CSR within a purely voluntary context has so far not made meaningful contributions to the problem of corporate environmental and human rights abuses in Africa. The paper therefore aims to improve the effectiveness of CSR in the continent by making companies accountable for the veracity of statements they have voluntarily put out in the public domain. Design/methodology/approach – The paper adopts the stakeholder and legitimacy theories and information regulation as its framework of analysis. Following a discourse on the developments in and limitations of sustainability, the paper constructs an argument in line with these theories how these reports can still be utilised to make meaningful contribution towards strengthening CSR through accountability for false and misleading statements. Findings – Corporations have a stake in information in sustainability reports with regard to their corporate image and reputation. Therefore, under the appropriate framework, utilising corporate accountability for false and misleading statements by companies has promise for making CSR more effective. Research limitations/implications – The main limitations of this research is the political will of national governments in Africa to undertake such an exercise and the relative ability of civil society groups in light of the power of corporations to effectively hold them to account through the models proposed. Originality/value – The paper is interdisciplinary, drawing upon both management and legal theories. A significant contribution of this research is its pragmatic approach which goes beyond calling for legal platform for CSR by recommending a model for accountability within the existing voluntary CSR framework.
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NWAPI, CHILENYE. "Accountability of Canadian Mining Corporations for Their Overseas Conduct: Can Extraterritorial Corporate Criminal Prosecution Come to the Rescue?" Canadian Yearbook of international Law/Annuaire canadien de droit international 54 (August 7, 2017): 227–75. http://dx.doi.org/10.1017/cyl.2017.9.

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AbstractThis article is set against the backdrop of the inability of Canadian courts to hear civil cases brought by victims of the operations of Canadian mining corporations in developing countries where accountability mechanisms are weak. The article examines the legal framework for extraterritorial criminal prosecution in Canada with a view to seeing how corporate criminal prosecution could fill the accountability gap and contribute to the promotion of the accountability of Canadian mining corporations involved in human and environmental rights abuses in developing countries. The article argues that extraterritorial criminal prosecution holds prospects for success in Canada, if only the Canadian government is willing to utilize it. The real and substantial link test, the Crimes against Humanity and War Crimes Act, and several sections of the Criminal Code provide sufficient jurisdictional bases for such prosecution. The amendments to the doctrine of corporate criminal liability that were made in Canada in 2003 bolster the criminal jurisdictional strength of Canadian courts. Lastly, there are no compelling international comity concerns to discourage the Canadian government from utilizing the criminal justice process to contribute to the global fight against corporate impunity in human and environmental rights abuses. This article seeks to contribute to the knowledge of the powers at the disposal of the Canadian government to do so.
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42

Islam, Muhammad Azizul, and Ken McPhail. "Regulating for corporate human rights abuses: The emergence of corporate reporting on the ILO's human rights standards within the global garment manufacturing and retail industry." Critical Perspectives on Accounting 22, no. 8 (November 2011): 790–810. http://dx.doi.org/10.1016/j.cpa.2011.07.003.

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43

Nolan, Justine. "Chasing the Next Shiny Thing: Can Human Rights Due Diligence Effectively Address Labour Exploitation in Global Fashion Supply Chains?" International Journal for Crime, Justice and Social Democracy 11, no. 2 (June 3, 2022): 1–14. http://dx.doi.org/10.5204/ijcjsd.2398.

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Mandatory human rights due diligence is the latest global example of a legislative scheme for fostering corporate action on human rights risks within business supply chains. Such proposals stem from more than 30 years of increased pressure on companies to tackle labour rights abuses. If not clearly defined and implemented, human rights due diligence risks enhancing the legitimacy of techniques such as social auditing to serve as inadequate proxies for due diligence. Without mechanisms to incorporate the views of rights holders in its design and implementation and ensure access to remedies for rights holders, it is perhaps more accurately depicted (for now) as the next shiny thing that may be more a distraction than a substantive mechanism for pursuing real change and redress for labour exploitation in global supply chains.
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44

Drumbl, Mark A. "Extracurricular International Criminal Law." International Criminal Law Review 16, no. 3 (May 27, 2016): 412–47. http://dx.doi.org/10.1163/15718123-01603005.

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This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.
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45

AZAROVA, Valentina. "Business and Human Rights in Occupied Territory: The UN Database of Business Active in Israel’s Settlements." Business and Human Rights Journal 3, no. 2 (July 2018): 187–209. http://dx.doi.org/10.1017/bhj.2018.14.

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AbstractThe law and practice concerning the responsibilities of businesses and the obligations of their home states in relation to private dealings in occupied territory are under-developed. The establishment of a database by the United Nations (UN) Office of the High Commissioner for Human Rights to monitor the activities of corporate actors in the Occupied Palestinian Territory (OPT) is an opportunity to provide much-needed guidance on the scope of application of existing international law in this paradigmatic case of a high-risk business environment. This article engages with the contribution of this initiative to the regulation of transnational corporate dealings through two normative issues: the structural characteristics and effects of the violations taking place in certain business environments maintained in the OPT on the responsibilities of business and home states; and the various modes through which businesses become directly linked with and contribute to the illicit property rights regime underpinning the existence of settlements and the serious human rights abuses perpetuated by their maintenance.
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Rosemann, Nils. "The Privatization of Human Rights Violations – Business' Impunity or Corporate Responsibility? The Case of Human Rights Abuses and Torture in Iraq." Non-State Actors and International Law 5, no. 1 (2005): 77–100. http://dx.doi.org/10.1163/1571807054068198.

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47

Ambos, Kai. "Corporate Complicity in International Crimes through Arms Supplies despite National Authorisations?" International Criminal Law Review 21, no. 1 (January 13, 2021): 181–201. http://dx.doi.org/10.1163/15718123-21010006.

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Abstract I examine the criminal responsibility of companies for crimes committed with their exported weapons, even if that export was authorised by national authorities. Responsibility may rise directly from the national export control law and/or from (international) criminal law (icl) concerning (international) crimes committed. While (transnational) corporations have a due diligence obligation to prevent serious human rights violations, it is unclear how a national authorisation relates to this. Does it displace it, or is the authorisation overridden by the obligation? To better understand how a national authorisation procedure works, before analysing this issue from an icl perspective, I analyse German law regarding a recent case of weapons supply to Mexico. The situation under icl law is then examined regarding the Yemen complaint submitted to the International Criminal Court (icc). The article attempts some thoughts on dealing with this and similar cases, hoping to serve as a starting point for further debate.
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Ovejero Puente, Ana M. "New Instruments for Human Rights Protection in Globalization." Age of Human Rights Journal, no. 14 (June 15, 2020): 211–43. http://dx.doi.org/10.17561/tahrj.v14.5484.

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The Ruggie principles have given new impulse to the process of developing and modernizing International Lawthrough the influence of human rights. However, this process has been developed as “soft law” measuresincluded in the corporate social responsibility activities of multinational companies, which academic opiniondeems has lessened the capacity of human rights for transforming international law into more effective and trulybinding instruments to avoid abuses against human dignity. This issue has prompted a debate concerning the roleof multinationals as subjects of international law, and the advisability of returning to more traditional andconservative approaches to governance of globalization and to effective protection of human rights from riskybusiness activities. However, thanks to Common Law traditions, this model may be transformed into binding rules,using the legal tools of private Law. This reveals the utility of such soft Law regulations in creating cultures ofrespect useful when rule of law is weak to rule relations between states, companies and people, that arise fromthe actions of private individuals rather than the activity of public law-making institutions.
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Roorda, Lucas. "Jurisdiction in Foreign Direct Liability Cases in Europe." Proceedings of the ASIL Annual Meeting 113 (2019): 161–65. http://dx.doi.org/10.1017/amp.2019.168.

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The right to remedy for victims of human rights abuses by transnational corporations is far from guaranteed. Often, the state where the abuses occurred is unwilling or incapable of offering effective remedies, especially effective judicial remedies. The victims may then choose to “go global” and bring civil suits in the courts of other states, including the home states of the corporations alleged to have committed the abuse. One way in which they have done so is by bringing so-called “foreign direct liability” (FDL) cases: civil claims in domestic courts of foreign states against corporate actors, in the hopes of getting financial compensation as a remedy.
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Huisman, Wim, and Daniel Sidoli. "Corporations, human rights and the environmental degradation–corruption nexus." Asia Pacific Journal of Environmental Law 22, no. 1 (May 2019): 66–92. http://dx.doi.org/10.4337/apjel.2019.01.04.

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It is often the case that harms to societies go hand in hand. This seems to be true when looking at cases in which corporations are accused of contributing to human rights abuses, environmental degradation and corruption in developing nations. This article considers the relationships between these three harms from the perspective of corporations as actors involved in producing those harms. Based on a cross-case analysis of 45 cases in which this nexus of harms is found, this article assesses the atrocity crimes/environmental degradation/corruption-nexus, by studying agency (crime scripts), actors (industries and corporations) and connections (how are the three harms related?) in these cases. The analysis shows that corporations are mostly indirectly involved in atrocity crimes, but directly involved in environmental harm and corruption. Extractive industries are overrepresented and the many entanglements with state agents qualify as state-corporate crime. The relations between the harms are multifaceted and can be causal, spurious and synonymous by nature.
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