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WERHANE, Patricia H. "Corporate Moral Agency and the Responsibility to Respect Human Rights in the UN Guiding Principles: Do Corporations Have Moral Rights?" Business and Human Rights Journal 1, no. 1 (November 13, 2015): 5–20. http://dx.doi.org/10.1017/bhj.2015.1.
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AbstractIn 2011 the United Nations (UN) published the ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect, and Remedy” Framework’ (Guiding Principles). The Guiding Principles specify that for-profit corporations have responsibilities to respect human rights. Do these responsibilities entail that corporations, too, have basic rights? The contention that corporations are moral persons is problematic because it confers moral status to an organization similar to that conferred to a human agent. I shall argue that corporations are not moral persons. But as collective bodies created, operated, and perpetuated by individual human moral agents, one can ascribe to corporations secondary moral agency as organizations. This ascription, I conclude, makes sense of the normative business responsibilities outlined in the Guiding Principles without committing one to the view that corporations are full moral persons.
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DARCY, Shane. "‘The Elephant in the Room’: Corporate Tax Avoidance & Business and Human Rights." Business and Human Rights Journal 2, no. 1 (August 12, 2016): 1–30. http://dx.doi.org/10.1017/bhj.2016.23.
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AbstractThis article addresses tax avoidance by companies in the context of the emerging field of business and human rights. It describes the mechanics of corporate tax avoidance and the human costs of such practices. It then considers the extent to which tax issues have been addressed by corporate social responsibility, before turning to business and human rights and assessing the potential value of the United Nations Guiding Principles on business and human rights in this context. The article draws on the experience of Ireland, given the country’s connection to abusive tax practices associated with large multinational corporations and its support for the United Nations Guiding Principles on business and human rights.
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Rozman, Til. "Business and Human Rights – Implementing the United Nations Guiding Principles on Business and Human Rights in Slovenia." Lexonomica 12, no. 1 (June 2020): 51–74. http://dx.doi.org/10.18690/lexonomica.12.1.51-74.2020.
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Addo, M. K. "The Reality of the United Nations Guiding Principles on Business and Human Rights." Human Rights Law Review 14, no. 1 (February 11, 2014): 133–47. http://dx.doi.org/10.1093/hrlr/ngt041.
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MUCHLINSKI, Peter. "The Impact of the UN Guiding Principles on Business Attitudes to Observing Human Rights." Business and Human Rights Journal 6, no. 2 (June 2021): 212–26. http://dx.doi.org/10.1017/bhj.2021.14.
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AbstractThis contribution discusses business attitudes to human rights obligations and how the United Nations Guiding Principles on Business and Human Rights (UNGPs) have affected them. These are best understood historically through a number of periods. The first, between the mid-1970s and the end of the 1980s, coincides with intergovernmental organization-based codifications relevant to corporate social responsibility. Business representatives were highly defensive towards extensive international legal obligations not only in relation to human rights but to corporate social responsibility (CSR) more generally. This was followed by a period of ‘voluntarism’. By the 1990s, businesses had accepted that there could be a link between their operations and human rights violations but continued to reject binding legal duties. Instead, businesses opted for voluntary codes of conduct based on individual corporate, or sectoral, initiatives. It was out of this period that the UN Global Compact emerged. ‘Voluntarism’ continues into the third period, the era of the UNGPs. The UNGPs can be characterized by ‘institutionalized voluntarism’ achieved through the framework for business and human rights represented by the UNGPs. Each period will be examined followed by a concluding section that considers business attitudes to an emerging fourth period that introduces legal obligations through mandatory due diligence laws.
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AB. Wahab, Andika. "Business and Human Rights in ASEAN: Lessons from the Palm Oil Sector in Malaysia." JAS (Journal of ASEAN Studies) 7, no. 1 (July 31, 2019): 73. http://dx.doi.org/10.21512/jas.v7i1.5520.
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The release of the United Nations Guiding Principles on Business and Human Rights in 2011 aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. As part of the state responsibility to implement these guiding principles, some member states of the Association of Southeast Asian Nations (ASEAN) have already embarked preliminary steps towards establishing their respective National Action Plan on Business and Human rights (NAPBHR), while others are still lag behind. This article describes current development on business and human rights in the region. Drawing from the palm oil sector’s experience in Malaysia, this study aims to provide lessons for ASEAN member states to contemplate when developing their NAPBHR. In this article, I argue that while some large palm oil companies have shown modest progress in realizing their human rights obligation, challenges emerge in many forms including the lack of leadership, collaboration and ambition to steer and scale up industry transformation on human rights across supply chain. Equally important, challenges around certification scheme depict that it is not the only solution in persuading respect to human rights. Meaningful values transfer often overlooked in certification practice resulting in typical "ticking the audit box" exercise without understanding principles behind it. As such, the development of NAPBHR among the ASEAN member states should reflect on these reality and challenges.
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Dharmawan, Ni Ketut Supasti, Desak Putu Dewi Kasih, I. Gede Agus Kurniawan, and Putu Aras Samsithawrati. "The Guiding Principles on Business and Human Rights: National Action Plans Toward Corporation Responsibility." Hasanuddin Law Review 4, no. 2 (August 25, 2018): 123. http://dx.doi.org/10.20956/halrev.v4i2.1480.
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As a global principal, corporations have the obligation to comply with national and international hard law of human rights, respect soft laws and global standards. The United Nations Guiding Principles on Business and Human Rights (GPs) of 2011 were unanimously endorsed by the Human Rights Council and are respected as a global standard that stipulates that corporations should respect human rights when conducting their business activities. The purpose of this paper is to examine the scope and focus of National Action Plans (NAPs) by comparing the Netherlands NAP on Human Rights (2013) is compared to the UK’s updated NAP of 2016 with the aim of providing ideas and good examples of a NAP for Indonesia. This study used normative legal method. It is considered to be a valuable lesson both for developed and developing countries that for practical matters it is highly important to create and implement a NAP for the implementation of the GPs. Fortunately, Indonesia in June 2017 has launched a National Action Plan on Business and Human Rights (NAP). The burden responsibility to carry out the NAP on Business and Human Rights to corporation to be implemented strongly rests on the government authorities both central government and all levels authorities, including the local level, have the duty to implement human rights obligation, including to convince corporations that upholding the GPs will ultimately be to their benefit.
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JÄGERS, Nicola. "UN Guiding Principles at 10: Permeating Narratives or Yet Another Silo?" Business and Human Rights Journal 6, no. 2 (June 2021): 198–211. http://dx.doi.org/10.1017/bhj.2021.9.
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AbstractThe endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) triggered a remarkable process accelerating the recognition of human rights responsibilities for corporations in law and governance. Perhaps even more important is the emergence of an authoritative narrative on business and human rights (BHR), which arguably has the potential to overcome the often-fragmented approach to global issues. This article discusses the degree to which the BHR narrative has been able to penetrate competing powerful narratives that shape societal and regulatory responses. To what extent is the need to address the responsibility and accountability of corporations for human rights violations acknowledged? This is an especially pertinent question where it concerns imminent major global challenges such as climate change, which poses one of the greatest threats to human rights. Two major milestones of the last decade in the area of (environmental) sustainability are analysed: the Paris Climate Agreement and the Sustainable Development Goals. What role does the BHR narrative play in this context?
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Miretski, Pini Pavel, and Sascha-Dominik Bachmann. "The UN 'Norms on the Responsibility of Transnational Corporations and Other Business Enterprises with Regard to Human Rights': A Requiem." Deakin Law Review 17, no. 1 (October 1, 2012): 5. http://dx.doi.org/10.21153/dlr2012vol17no1art68.
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On 11 June 2011, the United Nations Human Rights Council endorsed the ‘Guiding Principles for Business and Human Rights’ as a new set of guiding principles for global business designed to provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. This outcome was preceded by an earlier unsuccessful attempt by a Sub-Commission of the UN Commission on Human Rights to win approval for a set of binding corporate human rights norms, the so called ‘Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’. This article identifies and discusses the reasons why the Norms eventually failed to win approval by the then UN Commission on Human Rights. This discussion assists an understanding of the difficulties in establishing binding ‘hard law’ obligations for transnational corporations with regard to human rights within the wider framework of international law. It elucidates the possible motives as well as the underlying rationale which led first to the adoption and then the rapid abandoning of the Norms. The discussion also sheds light on the future of the voluntarism of business human rights compliance, on the likelihood of finding alternative solutions, and finally on the rationale for, and effect of, the ‘Guiding Principles for Business and Human Rights’.
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Van Ho, Tara. "General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities (CESCR)." International Legal Materials 58, no. 4 (August 2019): 872–89. http://dx.doi.org/10.1017/ilm.2019.33.
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The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” Unlike most of CESCR's other General Comments, General Comment No. 24 does not tackle a specific right. Instead, it consolidates and elaborates the Committee's jurisprudence on states' obligations in the area of business and human rights, providing clarity on its approach to some of the most contentious issues within the field of business and human rights. This General Comment has the potential to have profound implications for the ongoing development of legal standards in the area of business and human rights, including implementation of the UN Guiding Principles on Business and Human Rights (UNGP).
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Seck, Sara L. "Canadian Mining Internationally and the UN Guiding Principles for Business and Human Rights." Canadian Yearbook of international Law/Annuaire canadien de droit international 49 (2012): 51–116. http://dx.doi.org/10.1017/s0069005800010328.
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SummaryBetween 2005 and 2011, there was much debate, both within Canada and at the United Nations (UN), over what role home states should play in the regulation and adjudication of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns related to global mining that led to a series of government, opposition and multi-stakeholder reports and proposals. These culminated in 2010 with the appointment of an Extractive Sector Corporate Social Responsibility Counsellor and the defeat of Bill C-300, An Act Respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Meanwhile, at the UN Human Rights Commission/Council, John G. Ruggie was appointed Special Representative to the UN Secretary-General on Business and Human Rights (SRSG). Ruggie’s work led to the 2008Protect, Respect and Remedy: A Framework for Business and Human Rightsand the 2011Guiding Principles for Business and Human Rights(the latter designed to “operationalize” the former). While both documents highlight state duties to protect against human rights violations by businesses and the need for access to remedies by victims, the role of home states in this regard was contested. This article compares the developments in Canada between 2005 and 2011 with the work of the SRSG in relation to the home state duty to protect human rights in the transnational corporate context. It also offers reflections on the implications of the inevitability of industry and industry lawyer participation for the development of home state legal obligations.
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Emmer De Albuquerque Green, Caroline. "Exploring care home providers’ public commitments to human rights in light of the United Nations Guiding Principles on Business and Human Rights." Journal of Adult Protection 19, no. 6 (December 11, 2017): 357–67. http://dx.doi.org/10.1108/jap-09-2017-0033.
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Purpose The purpose of this paper is to explore care home providers’ public communications covering their commitments to respecting residents’ the human rights. The discussion considers the United Nations guiding principles on business and human rights United Nations Guiding Principles on Business and Human Rights (UNGPs) and a domestic legal and regulatory human rights framework. Design/methodology/approach Qualitative content analysis undertaken in 2017 of 70 websites of England’s largest commercial care home providers. Findings There are strong value-based public commitments in the websites of many English care home providers, which may or may not be interpreted as expressing their commitments to human rights. Research limitations/implications Research was limited to websites, which are public facing and marketing tools of care home providers. This does not provide inferences regarding the practical implementation of value-based statements or human-rights-based procedures or policies. This paper does not make any value judgements regarding either the public communications of care home providers or normative claims regarding human rights and care home service provision. Practical implications There is a need for clarification and debate about the potential role and added value of the corporate responsibility to respect human rights and the UNGPs’ operating principles within the English residential care sector. Further exploration of the relationship between personalisation/person-centred care and human rights might be useful. Originality/value This paper introduces the UNGPs and corporate responsibility to respect human rights to the debate on human rights, personalised/person-centred care, safeguarding and care homes in England. It adds a new perspective to discussions of the human rights obligations of care home providers.
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BAXI, Upendra. "Human Rights Responsibility of Multinational Corporations, Political Ecology of Injustice: Learning from Bhopal Thirty Plus?" Business and Human Rights Journal 1, no. 1 (November 13, 2015): 21–40. http://dx.doi.org/10.1017/bhj.2015.7.
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AbstractThis article addresses human rights responsibilities of multinational corporations (MNCs) in the light of what I describe as the four Bhopal catastrophes. More than thirty years of struggle by the valiant violated people to seek justice is situated in the contemporary efforts of the United Nations to develop a new discursivity for human rights and business—from the Global Compact to the Draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, the Guiding Principles on Business and Human Rights, and the more recent process to elaborate a legally-binding international instrument.
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SRINIVASAN, Vasanthi, and Parvathy VENKATACHALAM. "A Decade of the UNGPs in India: Progressive Policy Shifts, Contested Implementation." Business and Human Rights Journal 6, no. 2 (June 2021): 279–92. http://dx.doi.org/10.1017/bhj.2021.22.
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AbstractThe decade of the United Nations Guiding Principles on Business and Human Rights (UNGPs) coincides with India’s National Voluntary Guidelines on businesses’ social, environmental, and economic responsibilities (NVGs) and the National Guidelines on Responsible Business Conduct (NGRBC) – an updated version of the NVGs. Human rights are one of the core principles in both guidelines and they draw upon the ‘Protect–Respect–Remedy’ framework of the UNGPs. The NVGs and NGRBC go beyond the UNGPs by requiring organizations not only to respect human rights, but also to promote them in their spheres of influence. Several factors, however, derailed the implementation of this progressive policy shift. This article explores the challenges in implementation and calls for the multiple actors involved to work together and shape a collaborative action plan for effective implementation of the NGRBC in the next decade. The authors reiterate the need for alternative lenses to frame the responsible business agenda within developing countries through positive obligations.
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FARAH, Marya, and Maha ABDALLAH. "Security, Business and Human Rights in the Occupied Palestinian Territory." Business and Human Rights Journal 4, no. 1 (December 17, 2018): 7–31. http://dx.doi.org/10.1017/bhj.2018.27.
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AbstractBusinesses have increasingly recognized their responsibility to respect human rights in their operations. This has been in part guided by international initiatives, such as the United Nations Guiding Principles on Business and Human Rights, as well as guidance and regulations from states. Although these measures recognize risks associated with conflict-affected areas, contexts of occupation present unique concerns. These issues become even more complex when states send mixed messages to businesses. This is most evident when examining the discourse on and regulation of business operations linked to Israel’s prolonged occupation of Palestinian territory, especially those with operations and relationships related to ‘security’. This article seeks to highlight the frequent disregard of human rights responsibilities and obligations by states and businesses related to the occupied Palestinian territory and population, which has created a gap in accountability that civil society has attempted to address.
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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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RASCHE, Andreas, and Sandra WADDOCK. "The UN Guiding Principles on Business and Human Rights: Implications for Corporate Social Responsibility Research." Business and Human Rights Journal 6, no. 2 (March 9, 2021): 227–40. http://dx.doi.org/10.1017/bhj.2021.2.
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AbstractThis article presents a review of the literature on the United Nations Guiding Principles (UNGPs) for the purpose of situating the UNGPs in the voluntary corporate social responsibility (CSR) infrastructure. We identify four key themes that underlie the debate: (1) a critical assessment of the UNGPs, (2) their application to different sectors, (3) a discussion of how to embed key aspects of the UNGPs into national and regional contexts, and (4) reflections on the role of due diligence. We discuss these themes and outline some practical and theoretical take-away messages. Our review highlights some similarities and differences to the discussion of voluntary initiatives in the field of CSR, especially the UN Global Compact. Our discussion helps to understand how the UNGPs are situated in the voluntary institutional infrastructure for CSR. Finally, we show how the theoretical and practical discourse on the UNGPs can be further advanced.
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Jerbi, Scott. "Assessing the roles of multi-stakeholder initiatives in advancing the business and human rights agenda." International Review of the Red Cross 94, no. 887 (September 2012): 1027–46. http://dx.doi.org/10.1017/s1816383113000398.
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AbstractGrowing reliance on ‘multi-stakeholder initiatives’ (MSIs) aimed at improving business performance with respect to specific human rights-related challenges has become a significant dimension of the evolving corporate responsibility agenda over recent decades. A number of such initiatives have developed in direct response to calls for greater state and corporate accountability in areas of weak governance and violent conflict. This article examines the evolution of key MSIs in light of the 2011 adoption of the United Nations (UN) Guiding Principles on Business and Human Rights and addresses challenges facing these initiatives in the future.
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Kristiansson, Linnea, and Nora Götzmann. "National implementation processes for the United Nations Guiding Principles on Business and Human Rights: towards gender-responsive approaches." Australian Journal of Human Rights 26, no. 1 (January 2, 2020): 93–109. http://dx.doi.org/10.1080/1323238x.2020.1769919.
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Londoño-Lázaro, María Carmelina, Ulf Thoene, and Catherine Pereira-Villa. "The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?" Law & Practice of International Courts and Tribunals 16, no. 3 (February 27, 2017): 437–63. http://dx.doi.org/10.1163/15718034-12341360.
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Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.
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Donia, Magda B. L., Salvador Herencia Carrasco, Sara Seck, Robert McCorquodale, and Sigalit Ronen. "The Theorized Relationship between Organizational (Non)Compliance with the United Nations Guiding Principles on Human Rights and Desired Employee Workplace Outcomes." Sustainability 12, no. 5 (March 10, 2020): 2130. http://dx.doi.org/10.3390/su12052130.
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Despite the presence of guiding legislation such as the United Nations Guiding Principles, respect for human rights is subject to the conscience of organizational actors. Given that some transnational corporations are more powerful than nation states, they play an important role in the economies in which they operate, often with far-reaching impact on the labor conditions and human rights protections within these countries. In the current global context, respect for human rights may be undermined when organizational decision-makers are tempted to ignore unethical practices due to considerations such as competition and short-term financial incentives. We propose that the higher standards to which younger generations increasingly hold corporations provide a compelling and “business case” incentive for the protection of human rights of external stakeholders by organizational decision-makers. Drawing on related research on corporate social responsibility and on projections regarding demographical changes in the workplace worldwide, we make the case for a bottom-line advantage to respecting human rights in attracting and retaining top talent in work organizations. We conclude by highlighting the theoretical and practical implications of our theorizing.
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McCorquodale, Robert. "Waving Not Drowning: Kiobel Outside the United States." American Journal of International Law 107, no. 4 (October 2013): 846–51. http://dx.doi.org/10.5305/amerjintelaw.107.4.0846.
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Access to an effective remedy is part of the third pillar of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles). It should require states to provide access to judicial remedies for human rights violations, even those that have occurred outside the territory of the state by a corporation domiciled in that state, especially where claimants “cannot access [their] home State courts regardless of the merits of the claim.” While the decision of the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum Co. may seem to overwhelm or even drown some of the expectations of such remedies within the United States, the case law in the rest of the world is unlikely to be greatly affected by the ruling due to the jurisdictional and legal system foundations of other states. This article will examine the main case law and judicial remedies sought across the world, with a special emphasis on Europe, where the majority of large non-U.S. transnational corporations have their headquarters.
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Rao, Madhura, and Nadia Bernaz. "Corporate Responsibility for Human Rights in Assam Tea Plantations: A Business and Human Rights Approach." Sustainability 12, no. 18 (September 9, 2020): 7409. http://dx.doi.org/10.3390/su12187409.
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This paper explores how UK-based companies deal with their responsibility to respect the human rights of Assam (India) tea plantation workers. Through qualitative content analysis of publicly available corporate reports and other documents, it investigates how companies approach and communicate their potential human rights impacts. It highlights the gap between well-documented human rights issues on the ground and corporate reports on these issues. It aims to answer the following research question: in a context where the existence of human rights violations at the end of the supply chain is well-documented, how do companies reconcile their possible connection with those violations and the corporate responsibility to respect human rights under the United Nations Guiding Principles on Business and Human Rights? This paper reveals the weakness of the current corporate social responsibility (CSR) approach from the perspective of rights-holders. It supports a business and human rights approach, one that places the protection of human rights at its core.
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Wahab, Andika AB. "Human Rights Anchored in Business: Practice and Challenges in the Palm Oil Sector in Malaysia." International Studies Review 20, no. 1 (October 19, 2019): 1–20. http://dx.doi.org/10.1163/2667078x-02001006.
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The United Nations Guiding Principles on Business and Human Rights aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. In Malaysia, despite growing requirements for sustainable production, the palm oil sector has been implicated in various corporate human rights violations. This article discusses how do three public listed companies in the palm oil sector in Malaysia perform their obligation to respect human rights? This article argues that while large palm oil companies have shown modest progress in realizing their human rights obligation – the lack of regulatory framework, resources, direct market pressure and membership to sustainability standards continue to serve as critical challenges in compensating the gaps in human rights governance.
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Neglia, Maddalena. "The UNGPs — Five Years on." Netherlands Quarterly of Human Rights 34, no. 4 (December 2016): 289–317. http://dx.doi.org/10.1177/016934411603400403.
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The United Nations Guiding Principles on Business and Human Rights were endorsed in 2011 by the UN Human Rights Council. Since then they have become a normative platform and have led to widespread convergence of national and international regulatory initiatives. Focusing on Europe, this articles shows that the consensus reached, in particular on human rights due diligence, has been a driving force behind the influence the Principles have had on public regulation of business and human rights. One example is offered by the EU's approach to integrating UNGPs into legal and policy instruments, including the 2011 Communication on CSR and the EU Directive no. 2014/95 on non-financial reporting. But this has been accompanied by recent developments in EU Member States' public regulation of business and human rights, including the UK Modern Slavery Act and the French bill on ‘devoir de vigilance’. The article concludes that, despite the emergence of a piecemeal regulatory approach, coherence in the public regulation of business violations of human rights is urgently needed in Europe. It further shows that, if properly led, this process could entail reinforcement of the EU's commitment to the UNGPs' implementation.
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Abe, Oyeniyi, and Ada Ordor. "Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol." Law and Development Review 11, no. 2 (June 26, 2018): 843–78. http://dx.doi.org/10.1515/ldr-2018-0039.
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Abstract In June 2014, the African Union, Heads of States and Government adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (known in short as the Malabo Protocol). If ratified, the Protocol would expand the jurisdiction of the proposed African Court of Justice and Human Rights to adjudicate matters of corporate criminal liability in Africa. This paper analyses the prospects of advancing corporate respect for human rights and access to judicial remedies by victims of corporate human rights abuse through the lens of Article 46 (C) of the Malabo Protocol. The departure point is that the adoption and ratification of the Protocol would be an important step in preventing or stopping human rights violations by corporate actors in Africa’s extractive resource industry. This position is predicated on the inference that the expanded jurisdiction provided by the Malabo Protocol is consistent with the commitment of African countries to implement Pillar II of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles) on respect for human rights by corporate entities. In addition, the Malabo Protocol’s proposal to adjudicate corporate criminal liability is consistent with Pillar III of the Guiding Principles on the provision of remedies for human rights violations. Creating a regional approach to address corporate criminality is an important African solution to a pressing African problem.
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BILCHITZ, David. "The Necessity for a Business and Human Rights Treaty." Business and Human Rights Journal 1, no. 2 (May 2, 2016): 203–27. http://dx.doi.org/10.1017/bhj.2016.13.
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AbstractIn June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The arguments indicate that a treaty is necessary to provide legal solutions to cure serious lacunae and ambiguities in the current framework of international law which have a serious negative impact upon the rights of individuals affected by corporate activities. The emphasis throughout is upon why a binding legal instrument is important, as opposed to softer forms of regulation such as the United Nations Guiding Principles on Business and Human Rights. The four arguments in turn provide the resources to respond to objections raised against the treaty and to reject an alternative, more restrictive proposal for a treaty that only addresses ‘gross’ human rights violations.
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Bray, John, and Antony Crockett. "Responsible risk-taking in conflict-affected countries: the need for due diligence and the importance of collective approaches." International Review of the Red Cross 94, no. 887 (September 2012): 1069–87. http://dx.doi.org/10.1017/s1816383113000416.
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AbstractThis article discusses some of the challenges that may be encountered by companies seeking to adhere to the Voluntary Principles on Security and Human Rights and the United Nations Guiding Principles on Business and Human Rights when operating in conflict-affected countries. The authors argue that corporate respect for human rights may not be sufficient to correct or compensate for state failure and also suggest that the leverage or influence enjoyed by individual companies in relation to the conduct of security forces and host governments may be limited, particularly in times of crisis. There is therefore a need for a collective approach to human rights risks in conflict-affected countries, and this should focus on public security sector reform and good governance as well as on corporate due diligence.
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Maher, Rajiv, David Monciardini, and Steffen Böhm. "Torn between Legal Claiming and Privatized Remedy: Rights Mobilization against Gold Mining in Chile." Business Ethics Quarterly 31, no. 1 (June 1, 2020): 37–74. http://dx.doi.org/10.1017/beq.2019.49.
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ABSTRACTMany academic authors, policy makers, NGOs, and corporations have focused on top-down human rights global norm-making, such as the United Nations Guiding Principles for Business and Human Rights (UNGPs). What is often missing are contextual and substantive analyses that interrogate rights mobilization and linkages between voluntary transnational rules and domestic governance. Deploying a socio-legal approach and using a combination of longitudinal field and archival data, this article investigates how a local, indigenous community in Northern Chile mobilized their rights over a period of almost two decades. We found that rights mobilization was largely shaped by tensions between the different logics of legality and the business organization. In our case, the UNGP implementation process has been ineffective in giving rightsholders access to genuine remedy. On the contrary, it has led to weakened rights mobilization, dividing the local community. We conclude that greater attention to rights mobilization and domestic governance dynamics should be given in the business and human rights debate.
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WETTSTEIN, Florian. "Betting on the Wrong (Trojan) Horse: CSR and the Implementation of the UN Guiding Principles on Business and Human Rights." Business and Human Rights Journal 6, no. 2 (June 2021): 312–25. http://dx.doi.org/10.1017/bhj.2021.21.
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AbstractTen years after the publication of the United Nations Guiding Principles on Business and Human Rights (UNGPs), implementation efforts are in full swing. Companies in particular have used their existing corporate social responsibility (CSR) structures to make sense of and implement Pillar II of the UNGPs. This process has led to a co-optation of the business and human rights (BHR) agenda. One manifestation of such co-optation is the instrumentalization of CSR to confront and undermine the growing trend towards binding BHR legislation. Accordingly, this contribution conceptualizes Pillar II implementation as a process of domestication, co-optation and confrontation of the BHR agenda. It makes sense of this process by juxtaposing it with long-standing critique against CSR put forth particularly by critical management scholars, raising the question whether CSR is indeed well-equipped to drive BHR implementation efforts within companies.
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Lizarazo-Rodriguez, Liliana. "The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?" Sustainability 13, no. 19 (September 22, 2021): 10516. http://dx.doi.org/10.3390/su131910516.
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This article is written around the time a Dutch court ordered the corporate group Shell to cut its carbon emissions by 2030. The aim of the article is to contribute to the conceptualisation of the phenomenon this judgement unveils in terms of greening human rights litigation supported by the United Nations Guiding Principles on Business and Human Rights (UNGPs). It addresses, firstly, how claiming the protection of the Earth before courts is occurring in a highly fragmented legal, economic and social context as a way to overcome the multiple obstacles flagged by the literature on the UNGPs. Secondly, it assesses how human rights litigation seeking global justice has evolved in waves with common trends, such as activism from social actors and courts that rely on arguments based on progressive soft law. Thirdly, it identifies two trends in the current wave of green litigation: the anthropocentric perspective that claims the protection of the Earth in the public interest and the ecocentric perspective that claims autonomous rights for Mother Earth. Finally, the article flags some gaps in this third wave of human rights litigation, particularly the risk of disregarding the third pillar of the UNGPs: access to an effective remedy for marginalised communities that are not aware of these ongoing developments.
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Abe, Oyeniyi. "The feasibility of implementing the United Nations guiding principles on business and human rights in the extractive industry in Nigeria." Journal of Sustainable Development Law and Policy (The) 7, no. 1 (July 26, 2016): 137. http://dx.doi.org/10.4314/jsdlp.v7i1.7.
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DEVA, Surya. "The UN Guiding Principles’ Orbit and Other Regulatory Regimes in the Business and Human Rights Universe: Managing the Interface." Business and Human Rights Journal 6, no. 2 (June 2021): 336–51. http://dx.doi.org/10.1017/bhj.2021.23.
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AbstractWhat should be the interface of the United Nations Guiding Principles on Business and Human Rights (UNGPs) with other regulatory regimes in the business and human rights (BHR) universe? This article explores this issue in relation to two specific contexts. First, the interface of ‘social norm’ with evolving ‘legal norms’: relation of Pillar II of the UNGPs and mandatory human rights due diligence (HRDD) laws as well as parent companies’ direct duty of care for negligence. Second, the interface of ‘soft norms’ and evolving ‘hard norms’: how the UNGPs should inform the proposed BHR treaty. It is argued that legal norms should align with Pillar II only in a ‘loose manner’. They should draw from and build on the HRDD concept under Pillar II, but not be constrained by it, because a hard alignment of Pillar I laws with Pillar II could undercut the independent but complementary status of the two pillars. Moreover, the UNGPs should serve only as a ‘starting point’ and not the ‘end point’ in the evolution of other hard or soft norms in the future. Such an approach would be desirable because the UNGPs alone are unlikely to be enough to challenge or confront the existing structure of irresponsibility and inequality.
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QUIJANO, Gabriela, and Carlos LOPEZ. "Rise of Mandatory Human Rights Due Diligence: A Beacon of Hope or a Double-Edged Sword?" Business and Human Rights Journal 6, no. 2 (June 2021): 241–54. http://dx.doi.org/10.1017/bhj.2021.7.
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AbstractThis article discusses the evolution, current trends, limitations and controversies around the understanding and practice of human rights due diligence (HRDD), a concept developed in the course of the work of United Nations (UN)-mandate holder, John Ruggie, and enshrined in the UN Guiding Principles on Business and Human Rights. While the concept has gathered broad acceptance and a growing number of legislative proposals are seeking to entrench it in law, significant differences of opinion exist among stakeholders as to its nature, objectives and relationship, if any, with legal liability. These differing understandings are at play in a contest to shape future legislation. Some of these carry significant risks for rights-holders, notably the risk of outcome being superseded by process and superficial, compliance-oriented HRDD prevailing in the law or in its interpretation and practice. As legislative efforts continue, the authors warn against the risk of hollow laws which do little to change the status quo or, even worse, inadvertently provide a tool to further impunity for business-related human rights abuses.
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Li, Yingru, and John McKernan. "Human rights, accounting, and the dialectic of equality and inequality." Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 568–93. http://dx.doi.org/10.1108/aaaj-07-2015-2142.
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Purpose – The United Nations Guiding Principles locate human rights at the centre of the corporate social responsibility agenda and provide a substantial platform for the development of business and human rights policy and practice. The initiative gives opportunity and focus for the rethinking and reconfiguration of corporate accountability for human rights. It also presents a threat: the danger, as we see it, is that the Guiding Principles are interpreted and implemented in an uncritical way, on a “humanitarian” model of imposed expertise. The critical and radical democratic communities have tended to be, perhaps rightly, suspicious of rights talk and sceptical of any suggestion that rights and the discourse of human rights can play a progressive role. The purpose of this paper is to explore these issues from a radical perspective. Design/methodology/approach – This paper uses insights taken from Jacques Rancière’s work to argue that there is vital critical potential in human rights. There is an obvious negativity to Rancière’s thought insofar as it conceives of the political as a challenge to the existing social order. The positive dimension to his work, which has its origins in his commitment to and tireless affirmation of the fact of equality, is equally important, if perhaps less obvious. Together the negative and positive moments provide a dynamic conception of human rights and a dialectical view of the relation between human rights and the social order, which enables us to overcome much of the criticism levelled at human rights by certain theorists. Findings – Rancière’s conception of the political puts human rights inscriptions, and the traces of equality they carry, at the heart of progressive politics. The authors close the paper with a discussion of the role that accounting for human rights can play in such a democratic politics, and by urging, on that basis, the critical accounting community to cautiously embrace the opportunity presented by the Guiding Principles. Originality/value – This paper has some novelty in its application of Rancière’s thinking on political theory to the problems of critical accounting and in particular the critical potential of accounting and human rights. The paper makes a theoretical contribution to a critical understanding of the relationship between accounting, human rights, and democracy.
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Partiti, Enrico. "POLYCENTRICITY AND POLYPHONY IN INTERNATIONAL LAW: INTERPRETING THE CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS." International and Comparative Law Quarterly 70, no. 1 (January 2021): 133–64. http://dx.doi.org/10.1017/s0020589320000469.
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AbstractComplex multi-actors and multi-level governance structures have emerged in areas that were traditionally exclusively the preserve of the State and treaty-making. The adoption of the United Nations Guiding Principles on Business and Human Rights (UNGP) affirmed a corporate responsibility to respect human rights to be implemented through human rights due diligence (HRDD), ie via management processes. The open-ended character of the UNGP generated the emergence of other soft instruments offering guidance to corporations in structuring HRDD. This contribution conceptualises the UNGP from the perspective of regulation as a principles-based exercise in polycentric governance reliant on regulatory intermediaries for interpretation. It then assesses the role of various sui generis normative instruments in providing interpretation to the UNGP and, how the presence of an additional layer of interpretative material contributes to the institutionalisation of responsible corporate conduct. The analysis of instruments drafted by international, non-governmental and business organisations reveals both a decentralising tension between different intermediaries due to disagreements and divergence concerning the precise extent of corporate human rights responsibilities, as well as attempts to centralise the interpretation of the UNGP. The article concludes by recommending some caution towards the employment of polycentric governance regimes and their lack of centralised interpretive authority in this domain of international law and suggests possible ways to formally establish centralised interpretation.
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Partiti, Enrico. "POLYCENTRICITY AND POLYPHONY IN INTERNATIONAL LAW: INTERPRETING THE CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS." International and Comparative Law Quarterly 70, no. 1 (January 2021): 133–64. http://dx.doi.org/10.1017/s0020589320000469.
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AbstractComplex multi-actors and multi-level governance structures have emerged in areas that were traditionally exclusively the preserve of the State and treaty-making. The adoption of the United Nations Guiding Principles on Business and Human Rights (UNGP) affirmed a corporate responsibility to respect human rights to be implemented through human rights due diligence (HRDD), ie via management processes. The open-ended character of the UNGP generated the emergence of other soft instruments offering guidance to corporations in structuring HRDD. This contribution conceptualises the UNGP from the perspective of regulation as a principles-based exercise in polycentric governance reliant on regulatory intermediaries for interpretation. It then assesses the role of various sui generis normative instruments in providing interpretation to the UNGP and, how the presence of an additional layer of interpretative material contributes to the institutionalisation of responsible corporate conduct. The analysis of instruments drafted by international, non-governmental and business organisations reveals both a decentralising tension between different intermediaries due to disagreements and divergence concerning the precise extent of corporate human rights responsibilities, as well as attempts to centralise the interpretation of the UNGP. The article concludes by recommending some caution towards the employment of polycentric governance regimes and their lack of centralised interpretive authority in this domain of international law and suggests possible ways to formally establish centralised interpretation.
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Rodriguez, Piedad Andrea, Daniela Alejandra Gómez, and Daniela Caicedo. "Los Principios Ruggie y la debida diligencia en el derecho fundamental de Consulta Previa." REVISTA CONTROVERSIA, no. 212 (December 14, 2019): 49–66. http://dx.doi.org/10.54118/controver.vi212.1168.
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En este artículo se aborda la relación entre empresa y Estado, que se encuentra ligada por la aplicación de los Principios Rectores de las Naciones Unidas sobre las empresas y los derechos humanos «John Ruggie». Aunque estos principios no son fuente formal del derecho internacional, ya que son soft law, en su esencia, recopilan las bases para mitigar, prevenir y reparar las afectaciones a derechos humanos que causen las empresas en el desarrollo de actividades económicas a comunidades que se encuentren en un territorio específico. Debido a esto, cada vez más se ve su aplicación en políticas públicas por parte de los Estados y en planes de ejecución empresarial mediante la aplicación de la debida diligencia. Este concepto cobra mayor relevancia por ser una herramienta más de defensa de la Consulta Previa, y a su vez ser el puente de conexión entre la aplicación de los Principios Rectores y los efectos que conlleva generar una afectación a los derechos humanos.
Abstract: This article approach the relationship between business and the State is linked by the application of the United Nations Guiding Principles on Human Rights and Business «John Ruggie». Although these principles are not a formal source of international law since they are soft law, in essence, they gather the bases to mitigate, prevent and repair the human rights violations caused by companies in the development of economic activities to communities that are in a specific territory. Also, it is increasingly seen its application in public policies by the States and in business execution plans through the application of due diligence. This concept is more relevant because it is one more tool to defend the Prior Consultation; and at the same time, be the connecting bridge between the application of the Guiding Principles and the effects entailed in generating an impact on human rights.
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Tarigan, Muhammad Insan. "BISNIS DAN HAK ASASI MANUSIA: APA YANG DILAKUKAN ASEAN?" TANJUNGPURA LAW JOURNAL 3, no. 2 (August 3, 2020): 107. http://dx.doi.org/10.26418/tlj.v3i2.25708.
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Multinational corporations (MNCs) are business actors who have activities beyond a country's boundaries. This MNCs activities cannot be denied to have an influence on human social life, one of them is human rights. With those regards, regulations at international level have difficulties, because MNCs have not been recognized as the subject of international law. Furthermore, in the context of human rights, MNCs cannot be held accountable, because in this case only the country as the duty bearer of human rights. These conditions make no rules that can bind MNCs behavior to human rights. This article will focus on discussing how the international community takes action on business and human rights issues and the measures that ASEAN can take to engage in business and human rights issues in Southeast Asia. Although, there are some international rules that are born from various international cooperation, but the nature of the rule is the majority of soft law. These business and human rights issues became the international community's attention for a long time until finally the United Nations (UN) Representative made UN Guiding Principles, which also known as Ruggie's Principles. Southeast Asia through AICHR can take several actions to advance the protection of human rights related to business activities as contained in UNGPs and Ruggie's principles, such as AICHR can undertake study literature, encourage Member States to take effective action, engage in dialogue and consultation with organs of ASEAN, community organizations, and other stakeholders, and create a binding legal instrument concerning business and human rights.Multinational corporations (MNCs) merupakan pelaku bisnis yang memiliki aktivitas melewati batas suatu negara. Kegiatan MNCs ini tidak bisa dipungkiri memiliki pengaruh terhadap kehidupan sosial manusia, salah satunya hak asasi manusia (HAM). Pengaturan di tingkat internasional mengalami kesulitan, karena MNCs belum diakui sebagai subjek hukum internasional. Kemudian dalam konteks HAM, MNCs tidak dapat dimintai pertanggungjawaban, karena dalam hal ini hanya negaralah sebagai pemegang kewajiban (duty bearer) HAM. Kondisi tersebut membuat tidak ada aturan yang mengikat perilaku MNc terhadap HAM. Artikel ini akan fokus mendiskusikan bagaimana masyarakat internasional mengambil tindakan terhadap permasalahan bisnis dan HAM serta langkah-langkah yang dapat dilakukan oleh ASEAN untuk ikut membicarakan bisnis dan HAM di Asia Tenggara. Meskipun, ada beberapa aturan internasional yang lahir dari berbagai kerjasama internasional, tetapi sifat dari aturan tersebut mayoritas soft law. Persoalan bisnis dan HAM ini menjadi perhatian masyarakat internasional dalam jangka waktu yang lama hingga pada akhirnya Perwakilan Bangsa-Bangsa (PBB) membuat UN Guiding Principles yang juga dikenal sebagai Ruggies Principles. Asia Tenggara melalui AICHR dapat melakukan beberapa langkah untuk memajukan perlindungan HAM yang berkaitan dengan aktivitas bisnis seperti yang tertuang di dalam UNGPs dan Ruggies principles, seperti AICHR dapat melakukan study literature, mendorong negara-negara anggota untuk mengambil tindakan yang efektif, melaksanakan dialog dan konsultasi dengan organ-organ ASEAN, organisasi kemasyarakatan, dan stakeholder yang lain, serta membuat instrument hukum yang mengikat tentang bisnis dan HAM.
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HAMPTON, Diane Bulan. "Modern Slavery in Global Supply Chains: Can National Action Plans on Business and Human Rights Close the Governance Gap?" Business and Human Rights Journal 4, no. 02 (July 2019): 239–63. http://dx.doi.org/10.1017/bhj.2019.16.
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AbstractFollowing the 2011 endorsement of the UN Guiding Principles on Business and Human Rights (UNGPs), states have begun to implement National Action Plans (NAPs) to operationalize the UNGPs. Using a case study approach and applying a conceptual framework for polycentric governance, this article aims to provide an early assessment of the effectiveness of NAPs adopted by the United Kingdom and the United States to combat one of the worst human rights abuses in global supply chains: modern slavery. This study demonstrates that both NAPs contain elements addressing the governance gaps surrounding modern slavery, such as enacting new laws, adapting existing regulations, strengthening multi-stakeholder mechanisms for business accountability, and promoting innovation. However, it is argued that the NAPs themselves were not the catalysts for the majority of these measures. This article concludes that states should optimize the five characteristics of polycentric governance outlined in this study to improve the relevance and effectiveness of NAPs as drivers of change.
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DAVITTI, Daria. "The Rise of Private Military and Security Companies in European Union Migration Policies: Implications under the UNGPs." Business and Human Rights Journal 4, no. 1 (November 9, 2018): 33–53. http://dx.doi.org/10.1017/bhj.2018.21.
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AbstractThis article examines the involvement of Private Military and Security Companies (PMSCs) in both shaping and implementing the European Agenda on Migration (European Agenda), launched by the European Union in May 2015. The migration policies which have since been adopted have increasingly enabled the outsourcing to private security contractors of various border control operations, including those related to forced returns, administrative detention and security services for the Italian and Greek ‘hotspots’. The article argues that PMSCs frame, shape and entrench militarized responses in the European Agenda. It also contends that the current context of the European refugee ‘crisis’ meets the conditions of a high-risk context, as understood within the United Nations Guiding Principles on Business and Human Rights (UNGPs). This re-definition of the refugee ‘crisis’ as a high-risk context, in turn, enables the identification of heightened human rights obligations of home states and responsibilities of companies when implementing the UNGPs.
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Seck, Sara L. "TRANSNATIONAL JUDICIAL AND NON-JUDICIAL REMEDIES FOR CORPORATE HUMAN RIGHTS HARMS: CHALLENGES OF AND FOR LAW." Windsor Yearbook of Access to Justice 31, no. 1 (February 1, 2013): 177. http://dx.doi.org/10.22329/wyaj.v31i1.4320.
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This paper will consider whether the polycentric governance approach of the 2011 United Nations Guiding Principles on Business and Human Rights has the potential to achieve the goal of transnational corporate compliance with human rights responsibilities including, importantly, the goal of access to remedy and justice for those who have been harmed. The paper was initially written as a contribution to a conference at the University of Windsor entitled Justice Beyond the State: Transnationalism and Law. First, the paper examines understandings of “citizenship” and “non-citizenship” in relation to transnational corporate [TNC] accountability in the human rights context. Two distinct perspectives are explored: first, TNC citizenship and non-citizenship and the rights and responsibilities that flow from these; and second, citizenship and non-citizenship of victims of human rights violations in relation to rights of access to remedy. Together, these insights inform an understanding of the role that transnational law and legal pluralism beyond the state could serve in facilitating remedy for human rights violations. Specifically, the paper will conclude with reflections on what might be required for implementation of the UN Guiding Principles to achieve the goal of transnational corporate compliance and access to remedy for victims of rights violations. Le présent document examinera si l’approche polycentrique en matière de gouvernance adoptée par les Principes directeurs relatifs aux entreprises et aux droits de l’homme, publiés par les Nations Unies en 2011, peut permettre de réaliser l’objectif de la conformité transnationale des entreprises aux responsabilités en matière de droits de la personne, notamment et surtout l’objectif de l’accès aux recours et à la justice pour les parties lésées. Au départ, le document avait été rédigé à titre de contribution à une conférence à l’Université de Windsor intitulée Justice Beyond the State: Transnationalism and Law. Le document se penche tout d’abord sur la compréhension des termes « citoyenneté » et « non-citoyenneté » en ce qui concerne la responsabilité transnationale des entreprises dans le contexte des droits de la personne. Deux perspectives distinctes sont étudiées : premièrement, la citoyenneté et la non-citoyenneté transnationales des entreprises et les droits et responsabilités qui en découlent; deuxièmement, la citoyenneté et la non-citoyenneté des victimes de violations des droits de la personne par rapport aux droits d’accès aux recours. Ensemble, ces perspectives éclairent une compréhension du rôle que le droit transnational et le pluralisme juridique au-delà de l’État pourraient jouer pour faciliter les recours en cas de violation des droits de la personne. En particulier, le document présentera en conclusion des réflexions sur ce qui pourrait être requis pour mettre en œuvre les Principes directeurs des Nations Unies de manière à réaliser l’objectif de la conformité transnationale des entreprises et de l’accès aux recours pour les personnes dont les droits ont été violés
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COSTA, Patricia Ayub da. "THE CHALLENGE OF HUMAN RIGHTS EFFECTIVENESS IN THE CONTEXT OF ECONOMIC GLOBALIZATION: WHAT IS THE WORK OF THE UNITED NATIONS?" Revista Juridica 1, no. 54 (March 29, 2019): 97. http://dx.doi.org/10.21902/revistajur.2316-753x.v1i54.3302.
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ABSTRACT In this paper, one analyzes the restructuring of power in the context of economic globalization and the recognition of the individual as a subject of international law. It recognizes that the strengthening of human rights impacts on state sovereignty, and its effectiveness finds obstacles in face of international trade transnationality and the lack of international accountability for companies' violations of human rights. It identifies the importance of strengthening international human-rights law, international solidarity, cooperation of States and the implementation effective actions. It analyses the work of the United Nations, especially in approving John Ruggie's "Protect, Respect, Remedy" Framework and his Guiding Principles for Business and Human Rights. It concludes that there has been progress, athough it is necessary to go further in order to implement and give effect to the principles.KEYWORDS: Human Rights; Transnational Companies; States; Globalization; United Nations. RESUMONeste artigo, analisa-se a reestruturação do poder no contexto da globalização econômica e o reconhecimento do indivíduo como sujeito do direito internacional. Reconhece que o fortalecimento dos impactos dos direitos humanos na soberania do Estado e sua eficácia encontram obstáculos em face da transnacionalidade do comércio internacional e da falta de responsabilidade internacional pelas violações de direitos humanos por parte das empresas. Identifica a importância de fortalecer o direito internacional dos direitos humanos, a solidariedade internacional, a cooperação dos Estados e a implementação de ações efetivas. Analisa o trabalho das Nações Unidas, especialmente ao aprovar o Marco de Proteção, Respeito e Remédio de John Ruggie e seus Princípios Orientadores para Empresas e Direitos Humanos. Conclui que houve progresso, embora seja necessário ir mais longe para implementar e dar efeito aos princípios.PALAVRAS-CHAVE: Direitos humanos; Empresas Transnacionais; Estados; Globalização; Nações Unidas.
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Amodu, Nojeem. "Sustainable Development and Corporate Social Responsibility under the 2018 Petroleum Host and Impacted Communities Development Trust Bill: Is Nigeria Rehashing Past Mistakes?" African Journal of Legal Studies 11, no. 4 (December 10, 2019): 319–51. http://dx.doi.org/10.1163/17087384-12340038.
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AbstractThe 2018 Petroleum Host and Impacted Communities Development Trust Bill before the Nigerian National Assembly was proposed to foster sustainable development (SD) and embed corporate social responsibility (CSR) in the oil and gas corporate activities within host communities. From the backdrop of SD and CSR as regulatory concepts, this article scrutinizes the Bill for its viability to realize its objectives in its current form. It raises concerns about: (i) perceived negligence by the government to provide social services and public goods, seeming to outsource such responsibilities to the business community; (ii) the reduction of CSR to capital or community development projects; and (iii) the absence of useful delimitation criteria to determine host and impacted communities. The article argues that past mistakes are being rehashed and queries the capacity of the Bill to live up to stakeholders’ expectations. Using the normative contributions of global templates such as the United Nations Guiding Principles on Business and Human Rights, the article recommends policy and regulatory changes to the Bill’s governance structure towards embedding effective CSR and engendering SD in the Nigerian oil and gas industry.
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McPhail, Ken, Kate Macdonald, and John Ferguson. "Should the international accounting standards board have responsibility for human rights?" Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 594–616. http://dx.doi.org/10.1108/aaaj-03-2016-2442.
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Purpose – The purpose of this paper is to explore the basis for, and ramifications of, applying relevant human rights norms – such as the United Nations Guiding Principles on Business and Human Rights – to the International Accounting Standards Board (IASB). In doing so, the paper seeks to contribute to scholarship on the political legitimisation of the IASB’s structure and activities under prevailing global governance conditions. Design/methodology/approach – The paper explores three distinct argumentative logics regarding responsibilities for justice and human rights vis-à-vis the IASB. First, the authors explore the basis for applying human rights responsibilities to the IASB through reasoning based on the analysis of “public power” (Macdonald, 2008) and public authorisation. Second, the authors develop the reasoning with reference to recent attempts by legal scholars and practitioners to apply human rights obligations to other non-state and transnational institutions. Finally, the authors develop reasoning based on Thomas Pogge’s (1992b) ideas about institutional harms and corresponding responsibilities. Findings – The three distinct argumentative logic rest on differing assumptions – the goal is not to reconcile or synthesise these approaches, but to propose that these approaches offer alternative and in some ways complementary insights, each of which contributes to answering questions about how human rights obligations of the IASB should be defined, and how such a responsibility could be “actually proceduralised”. Originality/value – The analysis provides an important starting point for beginning to think about how responsibilities for human rights might be applied to the operation of the IASB.
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Adams, Rachel, and Nóra Ní Loideáin. "Addressing indirect discrimination and gender stereotypes in AI virtual personal assistants: the role of international human rights law." Cambridge International Law Journal 8, no. 2 (December 2019): 241–57. http://dx.doi.org/10.4337/cilj.2019.02.04.
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Virtual personal assistants (VPAs) are increasingly becoming a common aspect of everyday living. However, with female names, voices and characters, these devices appear to reproduce harmful gender stereotypes about the role of women in society and the type of work women perform. Designed to ‘assist’, VPAs – such as Apple's Siri and Amazon's Alexa – reproduce and reify the idea that women are subordinate to men, and exist to be ‘used’ by men. Despite their ubiquity, these aspects of their design have seen little critical attention in scholarship, and the potential legal responses to this issue have yet to be fully canvassed. Accordingly, this article sets out to critique the reproduction of negative gender stereotypes in VPAs and explores the provisions and findings within international women's rights law to assess both how this constitutes indirect discrimination and possible means for redress. In this regard, this article explores the obligation to protect women from discrimination at the hands of private actors under the Convention on the Elimination of All Forms of Discrimination Against Women, and the work of the Committee on Discrimination Against Women on gender stereotyping. With regard to corporate human rights responsibilities, the role of the United Nations Guiding Principles on Business and Human Rights is examined, as well as domestic enforcement mechanisms for international human rights norms and standards, noting the limitations to date in enforcing human rights compliance by multinational private actors.
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WIELGA, Mark, and James HARRISON. "Assessing the Effectiveness of Non-State-Based Grievance Mechanisms in Providing Access to Remedy for Rightsholders: A Case Study of the Roundtable on Sustainable Palm Oil." Business and Human Rights Journal 6, no. 1 (February 2021): 67–92. http://dx.doi.org/10.1017/bhj.2020.33.
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AbstractThis article explores different approaches to assessing the effectiveness of non-state-based non-judicial grievance mechanisms (NSBGMs) in achieving access to remedy for rightsholders. It queries the approach that has been widely adopted as a result of the United Nations Guiding Principles on Business and Human Rights (UNGPs), which focuses on the procedural aspects of grievance mechanisms. Rather, it stresses the importance of analysing the outcomes of cases for rightsholders. This article tests this hypothesis by undertaking comprehensive empirical research into the complaint mechanism of the Roundtable on Sustainable Palm Oil (RSPO). RSPO is found to perform well when judged according to the UNGPs’ effectiveness criteria. However, it performs poorly when individual cases are assessed to ascertain the outcomes that are achieved for rightsholders. The article therefore argues for the importance of equivalent scrutiny of outcomes in relation to other NSBGMs and provides an approach and accompanying methodology that can be utilized for that purpose.
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Pearce, Jeremy. "An application of the foundational principles of the second pillar of the United Nations guiding principles on business and human rights to the ranger mine, in the Northern Territory of Australia." International Journal of Innovation and Sustainable Development 14, no. 1 (2020): 86. http://dx.doi.org/10.1504/ijisd.2020.10025838.
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Pearce, Jeremy. "An application of the foundational principles of the second pillar of the United Nations guiding principles on business and human rights to the ranger mine, in the Northern Territory of Australia." International Journal of Innovation and Sustainable Development 14, no. 1 (2020): 86. http://dx.doi.org/10.1504/ijisd.2020.104243.
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Cahaya, Fitra Roman, and Rizka Hervina. "Do human rights issues matter? An empirical analysis of Indonesian companies’ reporting." Social Responsibility Journal 15, no. 2 (April 1, 2019): 226–43. http://dx.doi.org/10.1108/srj-10-2016-0171.
Full textAbstract:
PurposeThis paper aims to examine the Indonesian Stock Exchange-listed (IDX-listed) companies’ human rights disclosures.Design/methodology/approachThe year-ending 2012 annual report disclosures of 75 IDX-listed companies are analyzed. The Global Reporting Initiative (GRI) guidelines are used as the disclosure index checklist.FindingsThe results show a low level of voluntary human rights disclosure (36.74 per cent). The highest level of communication is for assessment issues. Very few companies disclosed information about child labor and forced and compulsory labor. Statistical analysis reveals that board size significantly influences “human rights” communication in a positive direction. Company size, one of the control variables in this study, is also found to be positively significant. The managerial stakeholder theory partially explains the variability of these disclosures.Research limitations/implicationsThe main implication of the findings is that key stakeholders do not see the importance of human rights issues to be disclosed, except for commissioners. It seems that commissioners have the spirit of the United Nation Guiding Principles (UNGPs), requiring companies to respect human rights in daily business operations. Another implication is that companies may attempt to hide certain information regarding child labor and forced and compulsory labor.Originality/valueThis paper provides insights into the disclosure practices of human rights issues in Indonesia. The paper also investigates the key determinants of human rights disclosures, an empirical test which is largely ignored in previous human rights reporting studies. This paper highlights the potency of commissioners in campaigning and promoting the importance of social responsibility on human rights for corporate sustainability.