Human Rights & the Global Economy eJournal最新文献

{"title":"Social Protection Instruments and Women Workers in the Informal Economy: A Southern African Perspective","authors":"E. Fourie","doi":"10.17159/1727-3781/2021/V24I0A8890","DOIUrl":"https://doi.org/10.17159/1727-3781/2021/V24I0A8890","url":null,"abstract":"The world of work has changed and in some instances a realisation now exists that certain forms of work are a reality and not a passing occurrence, and it is of the utmost importance that international regulation provides for this, including work in the informal economy. Specific vulnerable groups and challenges have been identified by international regulators and must now be addressed to extend protection to these workers. International regulation must promote freedom through the enhancement of the capabilities of these workers. International instruments can function as key strategic tools to address inequalities in the workplace by increasing the capabilities of vulnerable groups such as women through empowerment initiatives. The purpose of this contribution is to identify and critically consider the relevant international social security instruments of the ILO and the UN, the impact of international standards, and other global initiatives directed at the social protection of women workers in the informal economy.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123411014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Using the Risk-Based Approach To Curb Modern Slavery in the Supply Chain: The Anglo American and Marks and Spencer Example","authors":"E. Esoimeme","doi":"10.2139/ssrn.3752300","DOIUrl":"https://doi.org/10.2139/ssrn.3752300","url":null,"abstract":"<br>Purpose – This paper critically examines the modern slavery statements of Anglo American Plc. and Marks and Spencer Group Plc., to determine the level of effectiveness of the risk assessment and risk mitigation measures of both companies, and to provide recommendations on how the risk assessment and risk mitigation measures of both companies could be strengthened.<br><br>Design/Methodology/Approach – The analysis took the form of a desk study, which analyzed various documents and reports such as the UK Modern Slavery Act 2015, the UK Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015, the UK Guidance issued under section 54(9) of the Modern Slavery Act 2015, the 2018 Global Slavery Index, funded by Forrest’s Walk Free Foundation, the Anglo American Plc. Modern Slavery Statement of 2017/18, the Marks and Spencer Modern Slavery Statement of 2017/18, the Financial Action Task Force Guidance on the Risk Based Approach to Combating Money Laundering and Terrorist Financing (High Level Principles and Procedures) 2007; the Financial Action Task Force International Standards On Combating Money Laundering and the Financing of Terrorism and Proliferation, (The FATF Recommendations) 2012; the Australia Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (as amended); the Financial Transactions and Reports Analysis Centre of Canada Guidance on the risk-based approach to combatting money laundering and terrorist financing 2017; and the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and Other Financial Institutions in Nigeria) Regulations, 2013.<br><br>Findings – This paper determined that the standard due diligence measures and the enhanced due diligence measures of Anglo American Plc. are not effective enough to identify/assess the risk(s) of modern slavery in the supply chains reason being that Anglo American Plc. does not employ diverse methods/methodologies for her due diligence programme. This paper however determined that the standard due diligence measures and the enhanced due diligence measures of Marks and Spencer Group Plc. are effective enough to identify/assess the risk(s) of modern slavery in the supply chains since Marks and Spencer adopts diverse methods/methodologies for her due diligence programme.<br><br>This paper also determined that both Anglo American Plc. and Marks and Spencer Group Plc. adopt diverse methods for the monitoring of their corrective action plans which are designed to mitigate the modern slavery risk(s) associated with high-risk suppliers. For example, Anglo American Plc. monitors anti-modern slavery compliance with the use of both internal Anglo American teams and third-party auditors to ensure that the identified issues are adequately addressed.<br><br>In addition to discussing the different stages of the risk assessment/risk management process, this Article will examine the modern slavery statements of Anglo Americ","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132564565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"From Creative Destruction to Destructive Creation","authors":"S. Savvides","doi":"10.2139/ssrn.3503152","DOIUrl":"https://doi.org/10.2139/ssrn.3503152","url":null,"abstract":"The article underlines that uncontrolled and wasteful debt is the main culprit for a economic system that not only makes inequality in the world methodically more extreme, but also systematically misdirects economic resources. Mainstream economic thinking is plainly wrong in circumstances of extreme debt and it is only used as a veil for the wealthy to become wealthier at the expense of the economic agents of a country. Austerity policies that are usually prescribed as the solution in highly indebted countries only serve the interests of the bond holders and those who seek to gain from the misfortune of the country that finds itself sinking in debt.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124873831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economic Analysis of Ethnic Conflicts","authors":"Bipul Kumar Rabha","doi":"10.2139/ssrn.3495955","DOIUrl":"https://doi.org/10.2139/ssrn.3495955","url":null,"abstract":"There are no exact reasons why ethnic conflicts happen. However, it is not debatable that economic factors are present in any ethnic conflict. Of course, the influences of political, religious, cultural, and social factors cannot be ignored. In this present paper, I try to analyze the economic factors behind ethnic conflicts, based on secondary data. The paper argues that competition among manual workers, negative relationships between businesses and customers, favoritism in employment in services, religious differences among economic agents, insecurity regarding landholdings, changes in domination of common property resources from one community to another, and adjustment problems in globalization are the significant economic factors behind ethnic conflicts in 21st century.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117237739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Why Is Law Central to Public Policy Process in Global South?","authors":"Babu Mathew, S. Pellissery, Arvind Narrain","doi":"10.2139/ssrn.3458919","DOIUrl":"https://doi.org/10.2139/ssrn.3458919","url":null,"abstract":"This paper is arguing the case of centrality of law in policy processes in the Global South. In the Global North, Public Policy as a discipline originated and flourished, relying upon political competition (through democracy) and market forces (through capitalism) to bring order to the public sphere. When these arrangements normalise the infringements on people’s lives, citizens are provided with justiciable Constitutional framework. Though, both law and policy have the mandate of the Constitution, neither of them is monolithic. Distinct schools within the disciplines of law and policy have different approaches when they take the Constitutional mandate to deal with public problems. Yet, their approaches as well as reasoning for decision-making, when public problems are addressed, are strikingly different. While these generic principles are true both in the Global North and Global South, when the interface of law and policy are examined, specific contextual concerns make law central in the Global South. These are: postcolonial state-formation (which places the Constitution-making as the epochal moment of social contract); imperfect institutions (which leads citizens to look up to court for finality in service delivery); flawed political competition yielding democratic process less effective to respond to public problems; power distance between executive and citizens (requiring accountability tools to have legal backing). Having recognised these reasons that make law inseparable from policy, we undertake an institutional mapping where the synergy between these two domains could be strengthened.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127913596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"In Search of the Lost Kingdom of Childhood","authors":"M. Kamara","doi":"10.4337/9781788114486.00010","DOIUrl":"https://doi.org/10.4337/9781788114486.00010","url":null,"abstract":"Who is a child soldier? Did the child have a childhood in a home and family before becoming a soldier? What is childhood? How does the definition of childhood (legal or otherwise) jibe with the child’s own perception or understanding of his/her place in society? Does the child return home and to a family after combat? Are home and family still the same? Using Ahmadou Kourouma’s Allah is not Obliged, Emmanuel Dongala’s Johnny Mad Dog, and Ishmael Beah’s A Long Way Gone as primary sources of reference, this Chapter engages these and other questions. The hope is to unveil broader vistas of agency, victimhood and the human capacity to transcend adversity, focusing specifically on how the child (or child soldier) negotiates the meandering road upon which s/he has been thrust by people and circumstances while lacking any properly functioning compass.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121078721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights and Market Access","authors":"Dan Denny","doi":"10.5102/RDI.V15I2.5277","DOIUrl":"https://doi.org/10.5102/RDI.V15I2.5277","url":null,"abstract":"This paper describes how ordinary national rules can provide essential compliance regulation to access human rights abuses. It argues that sometimes purely competitiveness, commercial or even domestic common-law doctrine between private, non-state actors can be in fact human rights claims even if never pleaded as such internationally or in courts. The example studied is the new consumptive demand clause by the Trade Enforcement and Trade Facilitation Act of 2015 a ground-breaking change in a national American law that impacts the whole world. Because of that all importers to America need to be able to prove that do not use forced labor in their supply chains, so they are compelled to have a chain of custody to backtrack the production up to the raw material. In response to this new scenario, this Article sustain that legal studies have lot to gain from expanding the scope of human rights to business and its practical ways to manage the interdependence and regulation diversity recognizing that corporations, international organizations and civil society have an important role to play in the governance of this system. The methodology chosen was the descriptive and normative, using case study techniques and documentary, legislative and bibliographic research.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114357776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Evaluation of Two Key Extraterritorial Techniques to Bring Human Rights Standards to Bear on Corporate Misconduct. Jurisdictional Dilemma Raised/Created by the Use of the Extraterritorial Techniques","authors":"Rachel Chambers","doi":"10.18352/ULR.435","DOIUrl":"https://doi.org/10.18352/ULR.435","url":null,"abstract":"This article evaluates two key extraterritorial techniques to bring human rights standards to bear on corporate misconduct, and does so through an analysis of the jurisdictional dilemma they raise. The background to the article is the difficulty of imposing human rights standards on transnational business operating in ‘host’ countries where, for various reasons, such standards are not implemented locally, resulting in governance gaps. Civil litigation in the company’s ‘home’ state and ‘long arm’ regulation emanating from the home state are important alternative methods of establishing and enforcing human rights standards, but they engender controversy both in terms of their legitimacy under public international law and because there are a number of objections to their use that go beyond their technical legality. Concerns include intrusion into the exclusive jurisdiction of the host state to control this litigation or to determine and follow its own regulatory policy in this area, and the related concern about home state imperialism/neocolonialism. The article evaluates whether these concerns raise true dilemmas. For those that do, it offers suggestions for how to adapt or refine extraterritorial techniques.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131872052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Claiming Women's Social and Economic Rights in Australia","authors":"B. Goldblatt","doi":"10.2139/SSRN.3050952","DOIUrl":"https://doi.org/10.2139/SSRN.3050952","url":null,"abstract":"The article discusses the status of social and economic rights within Australia and why these rights have special significance for women, particularly under neoliberalism. It argues that unless these rights are realised, women’s equal and meaningful participation within our democracy will remain constrained. The article examines the issues that advocates have raised regarding these rights through international and domestic avenues. It suggests that despite their limited enforceability, framing women’s claims in terms of social and economic rights has some value within struggles to achieve women’s equality and deepen democracy in Australia.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123460699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Orchestration from Below? Trade Unions in the Global South, Transnational Business and Efforts to Orchestrate Continuous Improvement in Non-State Regulatory Initiatives","authors":"S. Rennie, Tim Connor, A. Delaney, S. Marshall","doi":"10.53637/xusu1796","DOIUrl":"https://doi.org/10.53637/xusu1796","url":null,"abstract":"This article is centrally concerned with the mechanisms and processes through which human rights in transnational business practices can be respected and remedied when breached, with a particular focus on workers’ rights in global garment supply chains. The United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘UNGPs’) represent a high-level attempt to provide a normative framework for these issues.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134154107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}