Human Rights & the Corporation eJournal最新文献

{"title":"Corporate Political Connections and Favorable Environmental Regulatory Enforcement","authors":"A. Heitz, Youan Wang, Zigan Wang","doi":"10.2139/ssrn.3479078","DOIUrl":"https://doi.org/10.2139/ssrn.3479078","url":null,"abstract":"We examine whether the Environmental Protection Agency (EPA) uniformly enforces the Clean Air Act for politically connected and unconnected firms using a close election setting. We find no difference in regulated pollutant emissions or EPA investigations between the two groups, although connected firms experience less regulatory enforcement and lower penalties. These results are more pronounced for firms connected to politicians capable of influencing regulatory bureaucrats and for connected firms that are more important to their supported politicians. Taken together, our results show that campaign contributions can indirectly benefit firms by way of reduced environmental regulatory enforcement and penalties. This paper was accepted by Colin Mayer for the Special Issue of Management Science: Business and Climate Change.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128918687","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":"Enforcing ‘Purely’ Environmental Obligations through International Trade Law: A Case of the CPTPP’s Fisheries Subsidies","authors":"Haneul \"Hahn\" Jung, N. Jung","doi":"10.54648/trad2019040","DOIUrl":"https://doi.org/10.54648/trad2019040","url":null,"abstract":"Several free trade agreements extend their dispute settlement mechanisms to environmental obligations that ‘affect trade or investment’ between contracting parties. The recently concluded Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘CPTPP’) takes such attempt to the next level by extending its dispute settlement mechanism even to a measure that does not necessarily affect trade or investment between the contracting parties. Unfortunately, however, the conventional trade dispute settlement mechanisms are not designed to enforce obligations that are ‘purely environmental’ in nature, and as such, do not lend effective mechanisms to enforce such obligations. After briefly introducing the evolution of the trade-environment convergence in international law, this article observes systemic limitations of the conventional trade dispute settlement mechanisms in enforcing purely environmental obligations through an analysis of the CPTPP’s rules on fisheries subsidies. Thereafter, this article proposes certain modifications to the conventional trade dispute settlement mechanisms for effective enforcement of purely environmental obligations.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"86 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113958194","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":"Wage Discrimination in the NBA: Evidence Using Free Agent Signings","authors":"Candon Johnson, Eduardo Minuci","doi":"10.2139/ssrn.3276247","DOIUrl":"https://doi.org/10.2139/ssrn.3276247","url":null,"abstract":"This research paper investigates the prominence of wage discrimination in the National Basketball Association (NBA) using free agent signings from 2011-2017 allowing us to better capture the determinants of player wages, a limitation in previous NBA wage discrimination literature. Using the Oaxaca-Blinder decomposition and weighted linear regression models, we find that black athletes are paid significantly less than their counterparts. In addition, weighted quantile regressions show evidence of consumer discrimination presence in the league. This is observed through the result that black players with high audience visibility experience a larger racial wage gap; moreover, this gap is positively related to the share of white population of MSA where the player is employed.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131040620","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":"INTERNACIONALIZAÇÃO E DUMPING SOCIAL: RISCOS E OPORTUNIDADES DO AMBIENTE DE NEGÓCIOS EM MOÇAMBIQUE (Internationalization and Social Dumping: Risks and Opportunities for the Business Environment in Mozambique)","authors":"Áureo Nhaca","doi":"10.2139/ssrn.3428035","DOIUrl":"https://doi.org/10.2139/ssrn.3428035","url":null,"abstract":"<b>Portuguese Abstract:</b> O presente trabalho apresenta uma análise da globalização como a base da internacionalização, e dos seus meios, servindo esta de ponto focal para a analise do dumping social em Moçambique em contrapartida do bloco regional SADC, buscando analisar os riscos e oportunidades advindas dela e a posterior seus factores de decisão pelos modos de entrada em novos mercados e os que geram risco e oportunidades mediante o dumping social. Visa de igual modo analisar o dumping social no contexto do comércio regional e identificar os desafios actuais da internacionalização com base nos modelos, motivações e factores de decisão que encaram as PME’s em Moçambique.<br><br><b>English Abstract:</b> This paper presents an analysis of globalization as the basis of internationalization, and its means, serving as a focal point for analysis of social dumping in Mozambique in return for the regional bloc SADC, seeking to analyze the risks and opportunities arising from it and beyond. Their decision-making factors by the modes of entry into new markets and those that generate risk and opportunity through social dumping. It also aims to analyze social dumping in the context of regional trade and to identify the current challenges of internationalization based on the models, motivations and decision factors facing SMEs in Mozambique.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114971422","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":"Disruption and Institutional Development – Corporate Standards and Practices on Responsible Mining","authors":"Radu Mareş","doi":"10.2139/ssrn.3337093","DOIUrl":"https://doi.org/10.2139/ssrn.3337093","url":null,"abstract":"This chapter accounts for the special context of mining and discusses what “respecting” human rights means in the mining industry. The aim of the chapter is to clarify the relationship between social investments and respect for human rights in a context characterised by the disruption mining operations cause and weaker local capacities to cope with mining. Three questions are raised herein: Are social contributions part of the corporate responsibility to respect human rights under the UNGPs, and thus imperative, or are they optional, desirable, rather irrelevant or even problematic from a human rights perspective? Do industry strategies recognise institutional development as part of their social responsibility? Are there operational arrangements substantiating a shift in CSR strategy or does the shift remain largely confined to rhetoric and aspirations?","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116969554","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":"Protecting Girls from Droughts with Social Safety Nets","authors":"Jagori Chatterjee, Joshua D. Merfeld","doi":"10.2139/ssrn.3090123","DOIUrl":"https://doi.org/10.2139/ssrn.3090123","url":null,"abstract":"Abstract This paper revisits the relationship between agricultural productivity shocks and the infant sex ratio in India and investigates how this relationship changes when households have access to government-provided employment opportunities outside of agriculture. When a household’s preference for sons coincides with adverse agricultural productivity shocks, previous research shows that households tend to disproportionately reduce investments (prenatal and postnatal) in their female children. This behavior leads to a relatively more balanced sex ratio in good rainfall years and a more skewed sex ratio (in favor of boys) in low rainfall years. In a deviation from past work, we find evidence of this effect primarily through prenatal channels in modern India. More importantly, we show that a workfare program that decouples both wages and consumption from rainfall attenuates the relationship between rainfall and the infant sex ratio. Using a back-of-the-envelope calculation, we find that the program could have saved at least 0.7 million girls – relative to boys – if the government had implemented it from 2001 to 2005. Suggestive evidence also indicates that the program may have attenuated the positive effect of birth year productivity shocks on girls’ longer-term height-for-age.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130323612","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":"A Different Kind of ‘End of History’ for Corporate Law","authors":"L. Moncrieff","doi":"10.2139/SSRN.3184763","DOIUrl":"https://doi.org/10.2139/SSRN.3184763","url":null,"abstract":"The chapter explores the character and significance of the critical legal project in corporate governance. Birth stories for the field typically grant a foundational role to financial economists and to a drive for efficiency that is operationalized as shareholder primacy in company law. But the continued antagonisms presented by corporate projects, alongside a rich tradition of critical company law, suggest the presence of strains within this particular ‘end of history’. Critical legal scholars, taking up these strains, widely insist on the ‘social’ character of productive activities and on the ‘anti‐social’ nature of financialised corporate governance. The chapter describes the different approaches to corporate socialisation that stem from this claim, which range from ‘stakeholder’ and ‘commons’ approaches to corporate governance to the rise of ‘regulatory governance’ and ‘reflexive law.’ In the end it finds that a radically different approach to corporate socialisation and also history is required, if a neutering of the critical legal project in an age of surging complexity and ruin is to be avoided.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121751391","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":"Sustainability Reporting Case Study: John Lewis Partnership","authors":"Conor C. Talbot","doi":"10.2139/ssrn.3246607","DOIUrl":"https://doi.org/10.2139/ssrn.3246607","url":null,"abstract":"Modern companies need to stay abreast of the developments in the area of business human rights due to (i) legally binding obligations imposed on them and (ii) the court of public opinion inflicting significant damage for scandals that could have been avoided. This case study looks at the John Lewis Partnership (JLP) and concludes that it is the latter element which is the driving force behind the sustainability measures it implements and, by extension, the sustainability reporting exercise that it undertakes annually. This case study takes the following approach: Introducing the chosen organisation; Sketching the applicable legislation; Discussing the materiality process undertaken by the chosen organisation from the perspective of the scope and boundaries set; Discussing the value of the disclosures made in terms of whether they are complete and in the proper context; Concluding on whether the chosen organisation’s approach to reporting provides useful insight on the non-financial opportunities and risks facing its business model.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"55 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114120116","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":"The Right to Food in Italy Between Present and Future","authors":"Tomaso Ferrando, Valentina De Gregorio, S. Lorenzini, L. Mahillon","doi":"10.2139/ssrn.3229134","DOIUrl":"https://doi.org/10.2139/ssrn.3229134","url":null,"abstract":"The present report originated as a reaction to the increase in poverty and food poverty in Italy caused by austerity policies, delocalization and the broader legal, economic and political environment. Every day, almost two million families and 4,7 million people face significant problems obtaining access to adequate food. Dramatically, this figure has increased by 57% since 2007 and more than one million are children. If the basic definition of the right to adequate food is that it is “realized when every man, woman and child alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement,�? there was little doubt that poverty and food poverty in Italy needed to be assessed and discussed. With this report we go beyond a basic understanding of the right to food as having properly fed people, by enriching our analysis with a holistic conception of the right and asking specific questions concerning the Italian context. We based our investigation on a systemic, interconnected and transformative understanding of the right to food, which derives from the combination of the international legal framework, the CESCR General Comment No. 12, the 2004 FAO Voluntary Guidelines and the work realized in the last ten years by the former and current Special Rapporteurs on the Right to Food Olivier De Schutter and Hilal Elver. These instruments and contributors expanded the scope of the right to food, strengthening the essential role it plays in the quest for the enjoyment of all rights. We adopt a holistic understanding of the right to food and combine it with the ideas of policy integration and coordination and with an extraterritorial perspective. The report is thus not limited to individual situations that happen on the Italian territory. On the contrary, we want to assess the overall coherence of the Italian legislative and political framework vis-à-vis the full implementation right to food, identify positive examples and highlight the areas that require intervention. Eventually, we aim to set the stage for a legal and political conversation around what it means to implement the right to adequate food in a developed country of the European Union, taking into consideration both the domestic and international nature of human right obligations.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133167877","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":"Unpacking Accountability in Business and Human Rights: The Multinational Enterprise, the State, and the International Community","authors":"L. Backer","doi":"10.2139/ssrn.3163242","DOIUrl":"https://doi.org/10.2139/ssrn.3163242","url":null,"abstract":"The emerging hard and soft law frameworks for regulating the human rights, labor and environmental responsibilities of economic enterprises (whether public or private) are operationalized, to some extent, through mechanisms of accountability. Accountability, then, occupies a central place within the complex of regulatory trends that are shaping the organization of economic (and to some extent social, political and cultural) life within a globalized order. The purpose of this essay is to unpack the concept of accountability as it is deployed in governance, and then to repack it in a way that makes the concept more useful. The thesis of the essay is this: accountability must be understood a shorthand for a set of multiple reciprocal relations, manifested in actions responding to expectations that are grounded in normative standards actualized in the context within which the actors are connected, and directed toward general (communal) and specific (individual) ends. A working system of accountability centered on corporate violations of human rights and sustainability, requires mutual and simultaneous accounting by all stakeholders to bring (1) each other to account, (2) oneself to account, and (3) to be brought to account. Part II examines the strands of premises that constitute the complex of concepts for which one uses the shorthand term “accountability.” It examines a core set of orienting principles central to the concept of accountability as a governance norm and as the instrument of that norm. The first touches on the behavior core of accountability as (a) the act of answering to, explaining of in relation to an expectation, (b) to a specific and functionally segmented objective, (c) manifested as conduct, norms, methods, consequences, (d) directed to oneself to others, and (e) to the specific ends of making right, disciplining behavior to ensuring order. These rational and functionally constrained actions then suggest the ways that rendering accounts can be manifested to the intended beneficiaries of the accounting. Part III of the essay, “Rendering Account,” then re-bundles accountability. Section A looks to its objectives (why account). Objectives include norm generation, good governance, institutional legitimacy, and remedial mechanisms. Section B considers the systemic elements of accountability systems. Its methods of accountability (institutional and formal or informal) and its governance sources (law or norms)—shape the expression of accountability and define its context. And Section C then considers the subjects of accountability systems (who accounts; who is accountable): states, enterprises, international organizations, and civil society/NGOs.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133000394","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}