Author: Wesley Cragg
Publisher: Edward Elgar Publishing
Release Date: 2012-01-01
Genre: Business & Economics
The relationship between business and human rights has emerged in the last two decades as one of the most pressing issues in the field of business ethics. Do corporations have human rights responsibilities? If so, what is that nature of those responsibilities and do they differ in any significant way from those of governments? Is it reasonable or realistic to expect corporations to respect human rights in environments where governments, particularly in the developing and underdeveloped world, need economic development and have a limited capacity and/or interest in enforcing human rights standards and laws? The contributors to this groundbreaking volume take up these questions, examining them from both theoretical and practical perspectives. Topics discussed include the debates leading to the creation of the ISO 26000 standard and the United Nations human rights framework for business entities, as well as the nature and limits of the human rights responsibilities of business, the roles and responsibilities of international trade bodies like the World Trade Organization in protecting human rights, and the implications of the current debate for international trade agreements and trade with China. The contributors also explore the effectiveness of voluntary human rights standards in the textile and clothing trade, mining, advertising and the pharmaceutical industry. Scholars and students in management, philosophy, political science, sociology and law will find this volume a great resource, as will activists, managers and policy makers.
Author: Cesar Rodriguez-Garavito
Publisher: Cambridge University Press
Release Date: 2017-09-21
The regulation of business in the global economy poses one of the main challenges for governance, as illustrated by the dynamic scholarly and policy debates about the UN Guiding Principles on Business and Human Rights and a possible international treaty on the matter. This book takes on the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the Guiding Principles (GPs) and attention to the current treaty process. Analyses of the GPs have tended to focus on their static dimension, such as the standards they include, rather than on their capacity to change, to push the development of new norms, and practices that might go beyond the initial content of the GPs and improve corporate compliance with human rights. This book engages both the static and dynamic dimensions of the GPs, and considers the issue through the eyes of scholars and practitioners from different parts of the world.
Author: Peter Frankental
Publisher: Amnesty International
Release Date: 2000
Genre: Social Science
This important book offers a comprehensive and practical introduction to the subject of business and human rights. It is targeted at company managers and addresses the human rights issues and dilemmas that affect companies across their operations.
Author: Tara Van Ho
Release Date: 2015-03-31
Genre: Business & Economics
The global business environment has changed rapidly in the past decades, but the human rights and business discourse has often lagged behind. At the international level, hard law regulations still seem decades away. United Nations' initiatives - such as the Guiding Principles and the UN Working Group on the issue of human rights and transnational corporations and other business enterprises - are more than a step in the right direction. However, they alone are insufficient to prevent violations and ensure victims receive justice. This book uses a broad and pluralistic understanding of direct human rights obligations, concentrating on legally enforceable standards. The enforceability can come directly from international law, through national legislation, or through non-state actors. The contributions engage both with the law as it is, as well as the law as it needs to be developed. The book's approach allows for a clearer understanding of the global human rights framework, and the manner in which voluntary and binding initiatives can reinforce one another. By weaving together analysis on the current standards and practices with critical approaches, it allows scholars and practitioners to capture the complexity of holding businesses accountable for their human rights impacts. [Subject: International Law, Human Rights Law, Company Law]
In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.
The end of the Cold War and the virtual disappearance of communism have completely altered the world economy. The supply chains of supermarkets and consumer goods industries have spread ever more widely and deeply into Asia, Africa and South America, while oil, mining and financial companies, among many others, have invested heavily in countries that were previously denied to them by political or ideological barriers. While companies have seized the opportunities presented by globalisation, they have in many cases been completely unprepared for the risks presented by their headlong rush into these new markets. Companies have found themselves and their business partners operating in countries where corruption, injustice, internal conflict and human rights violations are rife. An increasingly alert and critical world has acted as watchdog, highlighting corporate malpractice and the links between corporations and repressive regimes. It has increasingly been argued that companies have responsibilities for the protection and promotion of human rights. These arguments are, at least to some extent, accepted by companies. Yet, despite the increasing use of human rights language in public policy discourses, the expectations of companies remain unclear. That is, what are the ethical imperatives? What are the legal expectations? How far does responsibility extend? What can companies actually do in practice? The debate is further complicated by the range of actors (companies, governments, international institutions, local communities, non-governmental organisations [NGOs], trade unions, consumers) involved; by debates around free trade versus and fair trade; by the discussion of the specific role of governments; and by questions about the relative merits of regulation and self-regulation. Business and Human Rights provides an analysis of the relationship between companies and human rights in the context of globalisation. The analysis is in two parts. The first maps the reasons (financial, ethical, regulatory) why human rights have become a business issue. However, simply because there are reasons why companies should be concerned about human rights, this does not say what companies should or could do. Therefore, the second part of the book looks at the practical experiences of companies in responding to specific human rights issues in the context of their own operations, in their supply chains and in specific countries. These case studies, many of which have not been previously published or analysed from the perspective of human rights, provide important insights into questions such as: How do companies organise themselves to respond to human rights challenges? What have the experiences been-positive and negative? How have companies responded to specific situations? What are the roles and responsibilities of other actors: government, trade unions, NGOs? What are the limits to responsibility? In this outstanding collection, Rory Sullivan has drawn together leading thinkers and actors from the debate on business and human rights, to establish how far the business and human rights debate has evolved, and explore the many complex questions around roles, responsibilities and solutions that remain to be answered.
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.
Author: Surya Deva
Publisher: Cambridge University Press
Release Date: 2013-11-21
Genre: Business & Economics
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Author: John Gerard Ruggie
Publisher: W. W. Norton & Company
Release Date: 2013-03-25
Genre: Business & Economics
"A true master class in the art of making the impossible possible." —Paul Polman One of the most vexing human rights issues of our time has been how to protect the rights of individuals and communities worldwide in an age of globalization and multinational business. Indeed, from Indonesian sweatshops to oil-based violence in Nigeria, the challenges of regulating harmful corporate practices in some of the world’s most difficult regions long seemed insurmountable. Human rights groups and businesses were locked in a stalemate, unable to find common ground. In 2005, the United Nations appointed John Gerard Ruggie to the modest task of clarifying the main issues. Six years later, he had accomplished much more than that. Ruggie had developed his now-famous "Guiding Principles on Business and Human Rights," which provided a road map for ensuring responsible global corporate practices. The principles were unanimously endorsed by the UN and embraced and implemented by other international bodies, businesses, governments, workers’ organizations, and human rights groups, keying a revolution in corporate social responsibility. Just Business tells the powerful story of how these landmark “Ruggie Rules” came to exist. Ruggie demonstrates how, to solve a seemingly unsolvable problem, he had to abandon many widespread and long-held understandings about the relationships between businesses, governments, rights, and law, and develop fresh ways of viewing the issues. He also takes us through the journey of assembling the right type of team, of witnessing the severity of the problem firsthand, and of pressing through the many obstacles such a daunting endeavor faced. Just Business is an illuminating inside look at one of the most important human rights developments of recent times. It is also an invaluable book for anyone wanting to learn how to navigate the tricky processes of global problem-solving and consensus-building and how to tackle big issues with ambition, pragmatism, perseverance, and creativity.
In a time when multinational corporations have become truly globalised, demands for global standards on their behaviour are increasingly difficult to dismiss. Work conditions in sweatshops, widespread destruction of the environment, and pharmaceutical trials in third world countries are only the tip of the iceberg. This timely collection of essays addresses the interface between the calls for corporate social responsibility (CSR) and the demands for an extension of international human rights standards. Scholars from a vast variety of backgrounds provide expert yet accessible accounts of questions of law, politics, economics and international relations and how they relate to one another, while also encouraging non-legal perspectives on how businesses operate within and around human rights. The result is an essential incursion for a wide range of scholars, practitioners and students in law, development, business studies and international studies, in this emerging area of human rights.
Publisher: Sweet & Maxwell
Release Date: 2011
Genre: Human rights
This publication is an essential guide for general counsel and law firms to the changing world of human rights and its importance for global business. The book highlights the growing relationship between human rights and global business and the developing international focus on the issue, particularly as a result of recent United Nations initiatives. Providing detailed commentary from leading international law firms, this first edition focuses on the legal accountability and due diligence responsibilities of corporates based in many of the world's most developed jurisdictions for human rights compliance by their overseas operations.
Author: Alex Newton
Release Date: 2019-04-02
Genre: Business & Economics
The spotlight of global scrutiny has shone particularly brightly on corporations’ adverse impacts on human rights in recent years. Corporations make up more than two-thirds of the world’s top economies today, and so rightly they are being called to account for their impacts on society and the communities in which they operate. The Business of Human Rights demystifies the relevance of human rights for business, explaining how the corporate responsibility to respect human rights under the UN Guiding Principles can be implemented in practice. It provides a straightforward, practical guide that can be easily read and interpreted by managers to help businesses navigate this complex area of legislation and "soft" law to fulfil their responsibilities. It explains the potential legal, financial and reputational implications for corporations and the steps they need to take to address them. The book tracks some of the major global developments in business and human rights, including the emergence of foreign, transnational, and international law and the proliferation of multi-stakeholder initiatives on business and human rights. Case studies from a range of sectors and industries – such as extractives, apparel, fast-moving consumer goods, electronics, and banking and finance – illustrate the enormous risks and opportunities human rights pose for business in practice. The Business of Human Rights will equip corporate executives, sustainability practitioners, academics, students, and anyone interested in business’s impacts on society with the essential information and tools they need to quickly come up to speed with the rapidly evolving area of business and human rights.
Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
Release Date: 2017-01-20
The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Author: Marius Emberland
Publisher: Oxford University Press on Demand
Release Date: 2006-01
This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-a-visgovernmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however. This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As the case law is streamlined in a minimalist fashion which obscures the Court's rationale, the book construes the structural framework within which the Courtoperates and explains how the relevant case law is largely coherent when considered against the general structure of ECHR protection. This book is the first major study of the protection of business enterprise under the European Convention on Human Rights and thus an invaluable guide to understanding how the Court in Strasbourg responds to corporate complaints. More importantly, by focusing on a field of European human rights lawthat is regarded by many as marginal and even objectionable, the book reveals the fundamental structures of European human rights protection, where the protection of economic activity and corporate life is regarded as inseparable from core values of the ECHR such as an effective political democracyand the rule of law.