Business and Human Rights Journal最新文献

Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework 投资者义务：企业与人权框架的变革和倒退影响

IF 2.2

Business and Human Rights Journal Pub Date : 2024-05-24 DOI: 10.1017/bhj.2024.8

Klara Polackova Van der Ploeg

引用次数: 0

Sweatshops and Labour Law: The Ethical and Legal Implications of Ignoring Labour Law in Developing Countries 血汗工厂与劳动法》：发展中国家无视劳动法的道德和法律影响

IF 2.2

Business and Human Rights Journal Pub Date : 2024-05-09 DOI: 10.1017/bhj.2024.9

Peter Muchlinski, Denis G. Arnold

{"title":"Sweatshops and Labour Law: The Ethical and Legal Implications of Ignoring Labour Law in Developing Countries","authors":"Peter Muchlinski, Denis G. Arnold","doi":"10.1017/bhj.2024.9","DOIUrl":"https://doi.org/10.1017/bhj.2024.9","url":null,"abstract":"\u0000 Academic defenders of sweatshops argue that disregarding labour rights will result in increased welfare in the developing nations where transnational corporations (TNCs) operate. They argue that TNCs should ignore local labour laws in the best interests of the poor. In this article we criticise this ‘ignore the law’ position regarding sweatshops on three separate grounds. First, it fails to acknowledge the demands for businesses to respect the rule of law as part of the development process. Second, it utilises an inadequate account of voluntary contractual bargaining which overlooks how employment practises operate in sectors prone to utilising sweatshop labour, leading to coercive employment conditions incompatible with human dignity and free choice. Third, it fails to adequately account for labour law and international labour standards, which embody a strong moral conception of dignity at work and observance of fundamental human rights in protecting workers against abuse through the resulting legal duties placed on states and corporate actors. We conclude that poverty reduction requires the support of both private and public actors. Advocating the side-stepping of labour laws distracts from the important work of institution building necessary to protect workers and facilitate economic growth consistent with decent work, sustainable development, fairness and human dignity as embodied in international labour standards.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140994658","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

Economic Diplomacy and Home State Responsibility for Human Rights Abuses Involving Extractive Industries Abroad: The Case of Canada 经济外交与母国对海外采掘业侵犯人权行为的责任：加拿大案例

IF 2.2

Business and Human Rights Journal Pub Date : 2024-04-03 DOI: 10.1017/bhj.2024.7

David Szablowski

引用次数: 0

Corporate Human Rights Responsibility in Illiberal Regimes: The Example of the Ukrainian Refugee Crisis in Hungary 非自由制度下的企业人权责任：匈牙利的乌克兰难民危机实例

IF 2.2

Business and Human Rights Journal Pub Date : 2024-03-21 DOI: 10.1017/bhj.2024.5

A. Pap, Nóra Chronowski, Zoltán Nemessányi

{"title":"Corporate Human Rights Responsibility in Illiberal Regimes: The Example of the Ukrainian Refugee Crisis in Hungary","authors":"A. Pap, Nóra Chronowski, Zoltán Nemessányi","doi":"10.1017/bhj.2024.5","DOIUrl":"https://doi.org/10.1017/bhj.2024.5","url":null,"abstract":"\u0000 Following the first-ever rule of law conditionality procedure in September 2022, a resolution was adopted by the European Parliament which declared that Hungary could no longer be considered a full democracy, as it had turned into a ‘hybrid regime of electoral autocracy’. Against this background, this article explains the business and human rights (BHR) gap in Hungary and presents its consequences for the Ukrainian refugee crisis. We first provide a general overview of the role of business in the development and consolidation of the Orbán regime over the past 13 years, highlighting how businesses are both agents and victims of legal and political developments. The paper distinguishes four types of ‘business’: multinational and foreign companies that are direct beneficiaries of the regime; local companies that are direct beneficiaries of the regime; multinational companies that are targets of restrictive and repressive populist rhetoric and economic policies; and the ‘rest’, the remainder that try to avoid becoming targets of oligarchic takeovers. The article also documents how the state and other stakeholders are failing to meet their commitments under the United Nations Guiding Principles on Business and Human Rights (UNGPs). The next part of the article assesses how companies are responding to the refugee crisis caused by the war in Ukraine, Hungary’s neighbour. If the government does not adopt Pillar I and Pillar III of the UNGPs, what room for manoeuvre do companies have? The focus here is on how companies, domestic and foreign, multinational enterprises (MNEs) and small and medium enterprises (SMEs), engage in humanitarian (and human rights) crisis management.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140221609","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

The Blood Cobalt Narrative: Addressing Human Rights Concerns or Scaremongering? 血钴的说法：解决人权问题还是危言耸听？

IF 2.2

Business and Human Rights Journal Pub Date : 2024-03-07 DOI: 10.1017/bhj.2024.4

Emmanuel Umpula, Mark Dummett

引用次数: 0

Ukrainian Business and Human Rights Strategy: A Breakthrough Delayed 乌克兰商业与人权战略：迟来的突破

IF 2.2

Business and Human Rights Journal Pub Date : 2024-02-26 DOI: 10.1017/bhj.2023.48

Ihor Konopka

引用次数: 0

Private Military and Security Companies as a Legacy of War: Lessons Learned From the Former Yugoslavia 作为战争遗产的私营军事和安保公司：从前南斯拉夫汲取的教训

IF 2.2

Business and Human Rights Journal Pub Date : 2024-02-19 DOI: 10.1017/bhj.2024.3

Jelena Aparac

{"title":"Private Military and Security Companies as a Legacy of War: Lessons Learned From the Former Yugoslavia","authors":"Jelena Aparac","doi":"10.1017/bhj.2024.3","DOIUrl":"https://doi.org/10.1017/bhj.2024.3","url":null,"abstract":"\u0000 The war in the former Yugoslavia produced many highly trained and experienced combatants, some of whom engaged not only in a variety of organized criminal activities such as the illicit trade of natural resources, trafficking and corruption, but also war crimes. In the post-war environment various criminal groups took advantage of post-conflict transition conditions which enabled them to be transformed into legitimate legal entities. The failure to investigate and hold to account those involved in criminal activity meant that demobilized soldiers turned to highly profitable, legally constituted private military and security companies (PMSCs). This is coupled with poorly designed security sector reforms that often fail to enhance effective and accountable security that is respectful of human rights. In recent years, similar transformations of many former combatants and criminal groups into legitimate PMSCs around the globe have raised new concerns about their growing activities across different sectors. This article uses the former Yugoslavia as an example from which to highlight some of the increasingly common problems posed by the creation of private military and security providers globally, as a result of the current uncoordinated processes to prevent armed conflicts. The article reflects on the need to avoid smart sanctions and use other foreign policy tools, while calling for an integrated approach to security sector reform and transitional justice that is necessary for sustainable peace.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139958530","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

Multinational Enterprises and the Law By Peter Muchlinski (Oxford: Oxford University Press, 2021, third edition, with a contribution from Ebbe Rogge), 912 pp. 跨国企业与法律 Peter Muchlinski 著（牛津：牛津大学出版社，2021 年，第三版，Ebbe Rogge 撰文），912 页。

IF 2.2

Business and Human Rights Journal Pub Date : 2024-02-12 DOI: 10.1017/bhj.2024.1

Beate Sjåfjell

引用次数: 0

Multinational Enterprises and the Law By Peter Muchlinski (Oxford: Oxford University Press, 2021, third edition, with a contribution from Ebbe Rogge), 912 pp. 跨国企业与法律 Peter Muchlinski 著（牛津：牛津大学出版社，2021 年，第三版，Ebbe Rogge 撰文），912 页。

IF 2.2

Business and Human Rights Journal Pub Date : 2024-02-12 DOI: 10.1017/bhj.2024.1

Beate Sjåfjell

引用次数: 0

Business and Human Rights Law and Practice in Africa, Damilola Olawuyi and Oyeniyi Abe (eds) (Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 2022) 非洲的商业和人权法与实践》，Damilola Olawuyi 和 Oyeniyi Abe（编辑）（英国切尔滕纳姆和美国马萨诸塞州北安普顿：Edward Elgar 出版社，2022 年）。

IF 2.2

Business and Human Rights Journal Pub Date : 2024-02-08 DOI: 10.1017/bhj.2024.2

Wangui Kimotho, Kebene Wodajo

引用次数: 0