Incorporating Rights最新文献

Global Policy Initiatives to Regulate Business Responsibility and Human Rights 规范企业责任和人权的全球政策倡议

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0003

Erika George

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引用次数: 0

Conclusion 结论

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0008

Erika George

{"title":"Conclusion","authors":"Erika George","doi":"10.1093/oso/9780199941483.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780199941483.003.0008","url":null,"abstract":"In conclusion, the book reflects on what these different developments mean for international law. It describes an emerging “transnational legal order” promoting policy and practice in the absence of a binding regulatory instrument. It presents and addresses concerns and caveats over business enterprises incorporating rights versus co-opting rights. It is argued that self-regulation is a misnomer in that constituencies outside the corporation co-create conditions for enforcement. Information and activism that raised awareness concerning the adverse human rights impacts associated with particular business practices and have prompted change in many instances, at minimum the creation of a corporate code or policy that incorporates reference to human rights and speaks to responsibility. Less well articulated is accountability to victims of rights violations and access to remedy. Ensuring policies that are in place are put into practice and corporate performance is consistent with responsibility to respect remains a challenge. Mandating information can aid and accelerate efforts to ensure business enterprises take the responsibility to respect human rights seriously—a “smart mix” of strategies will be required, and we must appreciate that soft law and social pressure are an important part of the mix.","PeriodicalId":206413,"journal":{"name":"Incorporating Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128667236","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}

引用次数: 0

From Voluntary to Obligatory 从自愿到义务

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0007

Erika George

引用次数: 0

Human Rights Conflicts and the Creation of Corporate Responsibility Collaborations 人权冲突与企业责任合作的产生

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0004

Erika George

{"title":"Human Rights Conflicts and the Creation of Corporate Responsibility Collaborations","authors":"Erika George","doi":"10.1093/oso/9780199941483.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780199941483.003.0004","url":null,"abstract":"This chapter provides comparative accounts of the creation of industry sector–specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. The selected case studies demonstrate that there are consequences for conduct inconsistent with social expectations for business. The chapter considers cases originating in emerging market economies and complex operating environments, comparing the advocacy strategies of human rights activists and corporate responses. Cases studied include: the controversial role of transnational corporations in the internet communications technology sector in censorship and surveillance practices and the risks presented to the right to freedom of expression and the right to privacy; the relationship of transnational corporations in the pharmaceutical sector to human rights and the risks presented to the right to health and the right to life when access to essential medicines is compromised; and the relationship of transnational corporations in the extractives sector to human rights and the risks presented to human security when extractive sector companies contract with security forces that abuse violent force and use deadly force to silence dissent. The chapter explains how conflicts over corporate complicity in alleged abuses served to catalyze the creation of the different industry-specific multistakeholder initiatives, including: the Global Network Initiative, a private multistakeholder project to promote more responsible business practices; the Accelerating Access Initiative, a global public-private partnership to increase access to affordable medicines and create change; and the Voluntary Principles on Security, a tripartite multistakeholder initiative to address security and human rights. This chapter will show that crisis appears to serve as a catalyst for change.","PeriodicalId":206413,"journal":{"name":"Incorporating Rights","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127034281","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}

引用次数: 0

Information and AccountabilityRegulating the Corporate Social Responsibility to Respect Human Rights through Ranking and Reporting 信息和问责制通过排名和报告规范企业尊重人权的社会责任

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0005

Erika George

{"title":"Information and AccountabilityRegulating the Corporate Social Responsibility to Respect Human Rights through Ranking and Reporting","authors":"Erika George","doi":"10.1093/oso/9780199941483.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780199941483.003.0005","url":null,"abstract":"This chapter argues that regulation can occur through rankings and reporting by providing information about risks to rights allowing concerned citizens to exercise informed choice. This chapter examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. Specifically, it examines how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that places human rights at risk. It explains the conditions that have led to coordination and collaboration among those entities engaged in creating reporting frameworks and rankings while nevertheless relying upon the competitive impulses of the business enterprises being ranked to assert influence. It also identifies why the businesses being ranked have been slow to deploy effective counterstrategies despite efforts to contest emerging reporting requirements. It considers the interaction of selected business and human rights indicators with recent laws regulating supply chain transparency in the United States and with recent global policy initiatives calling for business enterprises to conduct human rights impact assessments. It reviews some of the methodological and moral risks raised with respect to ranking rights. In conclusion, the chapter argues that in the ecology of global governance, these new business and human rights indicators will provide rights advocates with greater power and have the potential to play an important role in solidifying emerging soft law standards and in strengthening corporate self-regulation. The strategic use of indicators in the business and human rights realm could ultimately prove to make the commitments contained in voluntary codes of conduct to respect human rights obligatory.","PeriodicalId":206413,"journal":{"name":"Incorporating Rights","volume":"2005 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130938284","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}

引用次数: 0

International Law, Corporate Law, and Governance Gaps 国际法、公司法和治理差距

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0002

Erika George

引用次数: 0

Competition, Choice, and Change 竞争、选择和改变

Incorporating Rights Pub Date : 2021-08-05 DOI: 10.1093/oso/9780199941483.003.0006

Erika George

{"title":"Competition, Choice, and Change","authors":"Erika George","doi":"10.1093/oso/9780199941483.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780199941483.003.0006","url":null,"abstract":"Initiatives to promote information about business human rights impacts on the part of civil society activists demonstrate a shifting consciousness and increasing concern that could introduce moral considerations into capital and consumer markets at a scale sufficient to create an incentive for corporate actors to consider the risks particular business practices may present for human rights. This chapter considers how enforcement of corporate commitments to respect human rights could occur through the provision of actionable information on corporate performance to conscious constituencies of investors and consumers. It considers competitive pressures that could be brought to bear on particular industries by virtue of greater transparency, including the connected nature of communication enjoyed by a significant segment of consumers. A connected and concerned community of consumers and investors could leverage concerns into change. It contemplates ways to generate adverse market consequences for business activities that have adverse human rights consequences. Specifically, it considers the changes generated by shareholder activism on human rights issues and the advances achieved by a “worker driven, consumer powered and market enforced” fair food program. It also considers examples of corporations that have reaped rewards for responsible conduct consistent with the responsibility to respect human rights. This chapter argues that expectations on business with respect to avoiding adverse human rights impacts and complicity in abuses are increasing and that choices will reflect concerns aligned with rewarding responsible business conduct.","PeriodicalId":206413,"journal":{"name":"Incorporating Rights","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124262436","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}

引用次数: 0