Human Rights & the Corporation eJournal最新文献

{"title":"Blockchain for Open Science and Sustainable Development Goals","authors":"Adamantia Rachovitsa","doi":"10.2139/ssrn.3269805","DOIUrl":"https://doi.org/10.2139/ssrn.3269805","url":null,"abstract":"Open science - namely more openness with regard to educational resources, access, methodology, reproducibility and data - is fundamental to realising the Sustainable Development Goals (SDGs). Science is a universal public good and it can be a game-changer when addressing global problems. This is exemplified by the critical role that the production and diffusion of science (scientific outputs and process) plays in the transfer of knowledge and technology. Some examples include the need for decentralised ways to acquire, manage and analyse open data in disaster management (resilient & sustainable cities under SDG 11); or the need for new Research & Development models for innovation and knowledge & tech transfer for the production, availability and access to safe, quality and affordable medicines and vaccines (SDG 3); or the need for technologies for providing clean water & sanitation, affordable & clean energy and mitigating (the adverse effects of) climate action (SDGs 6, 7, 13 and 9). The urgent relevance of pursuing open science across scientific disciplines and various industries is further exemplified by the thus far “dormant” right to science. The right to science, as formulated under Article 15 of the International Covenant on Economic, Social and Cultural Rights, provides that everyone has the right to enjoy the benefits of scientific progress and its applications and that States parties shall take steps necessary for the conservation, the development and diffusion of science.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130541987","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":"'We are the Visible Proof': Legitimizing Abortion Regret Misinformation Through Activists' Experiential Knowledge","authors":"Alesha E. Doan, Carolina Costa Candal, Steven M. Sylvester","doi":"10.1111/lapo.12094","DOIUrl":"https://doi.org/10.1111/lapo.12094","url":null,"abstract":"Since 2010, many of the policies emerging in the states are designed around the idea of “abortion regret;” a scientifically discredited assertion that abortion causes long-term health problems for women. Studies have examined the legal significance of regret claims in case law, and the role scientific misinformation and uncertainty have in the policy process. However, scholars have given less attention to the intersection between abortion regret experiences and misinformation. We address this gap in the literature by examining how antiabortion activists' experiential knowledge continues to reinforce and legitimize misinformation contained in state policies. We explore the process of substantiating abortion regret misinformation by its attachment to activists' experiential expertise. Based on twenty-three interviews with antiabortion activists, we argue that misinformation receives validation through the certainty of experiential knowledge, which activists mobilize around and use as a source of evidence in the policy process. This article is protected by copyright. All rights reserved.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114286285","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":"Multinational Enterprises and the Sustainable Development Goals: What Do We Know and How to Proceed?","authors":"A. Kolk, A. Kourula, Niccolò Pisani","doi":"10.18356/6F5FAB5E-EN","DOIUrl":"https://doi.org/10.18356/6F5FAB5E-EN","url":null,"abstract":"Multinational enterprises (MNEs) can play an important role in the implementation of the Sustainable Development Goals (SDGs). This article examines what we know about their participation in implementing the SDGs and their impact, both positive and negative, on people, the planet, prosperity and peace as identified in the United Nations (UN) 2030 Agenda. To this end, we review the research published in the main international business journals on five key SDGs that represent these “four Ps”, grouped into three categories: (1) poverty and inequality, (2) energy and climate change, and (3) peace. We summarize the findings of the 61 relevant studies and subsequently explore the UN’s “fifth P”, partnership, both in terms of published research on MNEs and the SDGs, and in terms of a collaborative agenda to help address the large challenges of the 2030 Agenda. In view of the relatively limited research on MNEs and SDGs thus far, academic institutions and international business scholars in particular are well-positioned to offer important insights about the role of business in supporting the SDGs, for which we offer suggestions, also in relation with other key actors.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129861520","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":"Litigating Indigenous Dispossession in the Global Economy: Law's Promises and Pitfalls","authors":"Charis Kamphuis","doi":"10.5102/RDI.V14I1.4564","DOIUrl":"https://doi.org/10.5102/RDI.V14I1.4564","url":null,"abstract":"Based on documents collected with local community members and advocates over the course of more than a decade, this paper begins by describing the legal processes whereby the Campesino Community San Andres de Negritos allegedly “consented” to its own dispossession in favor of the large foreign-owned Yanacocha Mine located in Northern Peru. It frames this story within the larger unfolding story of agrarian reform, neoliberal globalization, transnational resource extraction, the rise of community-based activism, and the emergence of Indigenous rights in international law and domestic constitutions in Latin America. In this highly-textured context, this paper describes how advocates developed an innovative rights framework for problematizing the Negritos Community’s dispossession and challenging the legality of Yanacocha’s operations. This unprecedented turn to the law ultimately reveals a disjuncture between the expansion of Indigenous rights recognition in international and constitutional tribunals at one level, and the absence of appropriate causes of action and procedures for operationalizing these rights on the ground. As the Negritos Community litigates its case against one of the most powerful mining companies in the world, it has faced numerous challenges inside and outside of the courtroom. This paper critically analyzes the response of the state, the company and the domestic legal system. It focuses in particular on the limitation period procedural rule and the formalist and discriminatory view of consent that has permeated the courts’ decisions to date. In formulating this critique, the paper theorizes “the dynamics of dispossession” and reflects on human rights law’s promise and pitfalls as an instrument of global economic justice. The conclusion articulates this study’s findings and consequences for future research and law reform.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130594434","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":"Dollarization in North Korea: Evidence from a Survey of North Korean Refugees*","authors":"S. Mun, S. Jung","doi":"10.2139/ssrn.2945815","DOIUrl":"https://doi.org/10.2139/ssrn.2945815","url":null,"abstract":"This study measures the degree of dollarization in North Korea using results from a survey of 231 North Korean refugees. Specifically, we compare foreign currency use of households as both store-of-value substitutes (i.e., asset substitution) and transaction substitutes (i.e., currency substitution) before and after the confiscatory currency reform of 2009. The degree of dollarization has advanced since the currency reform in terms of both asset and currency substitutions. Survey results also indicate that the Chinese yuan is frequently used in the Sino-North Korean border area, whereas the US dollar is predominantly used in non-border areas. Furthermore, foreign currency increasingly serves as a medium of exchange not only for large transactions but also for smaller transactions, such as food purchases.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124923976","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":"Children's Economic and Social Rights","authors":"A. Nolan","doi":"10.2139/SSRN.2924582","DOIUrl":"https://doi.org/10.2139/SSRN.2924582","url":null,"abstract":"Recent years have seen a growing understanding of the relationship between poverty and human rights, an explosion in awareness of the status of children as right-holders, and increasing linkages being made between human rights and child poverty in the development context. Galvanised by mounting concerns about the impacts of economic globalisation and the 2007-8 crises on children, these developments have unsurprisingly focused academic and practitioner attention on those rights of children that are most directly related to ensuring children’s survival and development needs – namely children’s economic and social rights (ESR). \u0000Focusing on the content of, and obligations imposed by, children’s economic and social rights, this chapter opens by locating ESR under the UN Convention on the Rights of the Child (CRC) in terms of the broader international human rights framework on ESR. It then goes on to discuss the duties of states and other actors in terms of those rights, focusing in particular on Article 4 of the CRC. The chapter concludes with a discussion of what lies ahead for children’s ESR, highlighting crucial challenges including those posed by the 2030 Agenda for Sustainable Development and the ongoing marginalisation of children in global society.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130592365","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 Nauru Dilemma","authors":"Paul Ronalds","doi":"10.2139/SSRN.2884419","DOIUrl":"https://doi.org/10.2139/SSRN.2884419","url":null,"abstract":"The scale and complexity of global forced displacement has created enormous humanitarian, social, economic and political challenges across the globe. The Australian Government responded by putting in place a range of policies designed to deter people from seeking asylum in Australia through irregular maritime migration. A core feature of these policies is the highly contentious practice of offshore or ‘regional’ processing of asylum seekers in Nauru and Papua New Guinea. From August 2013 to October 2015, Save the Children was contracted by the Australian Government to provide welfare, education and recreation services to asylum seekers in Nauru. This paper explores the dilemmas facing organisations engaged in refugee issues using Save the Children’s experience in relation to Nauru as a case study. It argues that without a clearly articulated decision-making framework based on a realistic view about what can be achieved, and underpinned by a pragmatic, but ultimately principled, ethical position, the daunting humanitarian conundrums faced in such circumstances will overwhelm even the best intentioned humanitarian.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133615395","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":"To Leave or Not to Leave? Climate Change, Exit, and Voice on a Pacific Island","authors":"Ilan Noy","doi":"10.1093/CESIFO/IFX004","DOIUrl":"https://doi.org/10.1093/CESIFO/IFX004","url":null,"abstract":"Observers repeatedly predict that climate change will lead and is already causing massive migration with very large numbers of people forced to leave their homes in cataclysmic waves of climate refugees. Yet, most of the empirical research on the contemporary link between climate change and migration fails to find much evidence of this migration. As climate change has been progressively intensifying for decades, should we not expect these migrations to already be happening? Here, we focus on Tuvalu, a small atoll nation in the South Pacific, that in many respects can serve as the Canary-in-the-Mine for climate change research. If migration driven by climate change is not happening today, Tuvalu may explain why. One plausible reason for this lack of migration is the desire by Tuvaluans to Voice. ‘Voicing’, a concept borrowed from Hirschman’s Exit, Voice, and Loyalty, is the advocacy expressing one’s wish for change. We present evidence that the atoll nations have decided that their best policy at this point in time is to stay and Voice. If it is not unique to the Pacific atolls, this present choice to prefer Voice to Exit may explain why the evidence on climate-induced migration is so fragile. Tuvalu may be using Voice to attempt to avert dire outcomes, or to strengthen its bargaining position for the inevitable discussions about compensation. Still, the biggest risk may be that the equilibrium mix between Voice and Exit is unstable and that the transition from one strategy to the other may be abrupt—probably in response to a catastrophic natural disaster. In the long-term, sudden and unplanned displacement are always less successful, so advance planning is necessary now, including the financing of alternatives from funding through the Warsaw International Mechanism for Loss and Damage. Keynote Paper: Migration and Climate Change CESifo Workshop – Venice 2016","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"121 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121013599","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 European Pillar of Social Rights: Critical Legal Analysis and Proposals","authors":"K. Lörcher, I. Schömann","doi":"10.2139/SSRN.2859976","DOIUrl":"https://doi.org/10.2139/SSRN.2859976","url":null,"abstract":"The aim of the present paper is to provide a basis for an in-depth discussion of the European Commission’s initiative for a ‘European Pillar of Social Rights’ by briefly examining its context. The content of the Commission’s Communication is reviewed and followed by a more detailed analysis of the rights listed in the Annex of the Communication.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123789107","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":"Building an Effective Implementation Process to Nigeria's Climate Change Policies and Intended Nationally Determined Contribution (INDC)","authors":"O. Emem","doi":"10.2139/ssrn.2843279","DOIUrl":"https://doi.org/10.2139/ssrn.2843279","url":null,"abstract":"Human activities are gradually driving global change in population, consumption, technology, economic advances, and organization of human societies. These changes are likely to impact on the ecosystems, human systems, and urban systems which should challenge humanity to review or rethink activities that currently put the climate at risk. The phenomenon, climate change, is one that should concern everyone, and like an indigenous Rights Campaigner, Hindou Oumarou Ibrahim, stated: “Climate change is adding poverty to poverty every day, forcing many to leave home for a better future�? Nigeria should be concerned about this fact as it is expected to be most vulnerable to the impacts of climate change due its geographical location - in the tropics and with a long coastline; predictions of States like Bauchi, Borno, Gombe, Jigawa, etc turning to deserts and semi deserts in the 21st Century; destruction of the Niger-Delta region where 80% of all government revenues and 97% of Nigerian foreign exchange come from; increased floods; scarcity of usable water; land degradation, and its low capacity to adapt to these changes. It is believed that where the situation remains business-as-usual, its impact could be vast. Nigeria has shown commitment in combating climate change by signing and ratifying various international laws on climate change and developing policies to pursue its climate change plan and strategy. More so and just recently, President Muhammadu Buhari signed the Paris Treaty on Climate, a legally-binding global climate deal entered into in December, 2015 to wit - The Paris Climate Conference (COP21). The universal agreement for the Conference was to keep a global temperature rise below 20C and to drive efforts to limit the temperature increase even further to 1.50C above pre-industrial level. Nigeria demonstrated commitment to the success of the Conference by submitting an Intended Nationally Determined Contribution (INDC) which was approved by the President of the Federal Republic of Nigeria in 2015. The INDC is a key vehicle for governments to communicate, internationally, how it intends to cut down emissions for the post-2020 period. Like other policy documents on climate change, it is important that these sophisticated policies are supported with strong implementation mechanisms to bring about desirable results. The lack of implementation of existing policies is a bane to the development of climate systems and services. This can be attributed to lack of awareness, adequate financing, top-down policy approach, lack of an independent enforcing agency, and so on. This article looks critically at why Nigeria should get serious, existing legal and policy framework for climate change in Nigeria, national actions on climate change - the work so far, implementation challenges of climate change policies, and building an effective implementation process for climate change policies and the INDC.","PeriodicalId":336983,"journal":{"name":"Human Rights & the Corporation eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130631458","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}