Arms exports to conflict zones and the two hats of arms companies

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2021-10-02 DOI:10.1080/20414005.2022.2028472

Hiruni Alwishewa

引用次数: 1

Abstract

ABSTRACT Arms companies wear two hats: they act as businesses and are also expected to behave as socially responsible actors. These hats are not of equal size; the former is often much larger and conceals the latter. But a lack of visibility does not mean the existence of the smaller hat can be easily ignored. In this paper, the responsibilities of arms companies for the export of arms to conflict zones are examined. It is argued that the two hats that arms companies wear necessitates a reassessment of their responsibilities. It is suggested that due diligence obligations should be harnessed to enhance the discrete responsibilities of arm companies, thereby recalibrating how responsibilities should apply to actors intimately linked with the state apparatus, and minimising the potential for the business interests to subvert the role of arms companies as socially responsible actors.

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向冲突地区出口武器和军火公司的双重责任

军火公司身兼两职：他们既是企业，也被要求扮演对社会负责的角色。这些帽子大小不一；前者往往要大得多，而隐藏了后者。但缺乏可见性并不意味着小帽子的存在可以被轻易忽视。本文审查了军火公司向冲突地区出口军火的责任。有人认为，军火公司身兼两职需要重新评估其责任。有人建议，应利用尽职调查义务来加强军火公司的离散责任，从而重新调整责任应如何适用于与国家机构密切相关的行为者，并最大限度地减少商业利益颠覆军火公司作为社会责任行为者的作用的可能性。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.