Business and Human Rights Journal最新文献

{"title":"CSOs’ Perception of Corporate Activism on the LGBT+ Community in Poland","authors":"Agata Rudnicka, Janusz Reichel","doi":"10.1017/bhj.2023.14","DOIUrl":"https://doi.org/10.1017/bhj.2023.14","url":null,"abstract":"\u0000 This article discusses the relatively new phenomenon of corporate activism concerning the LGBT+ community in Central and Eastern Europe, particularly in Poland. It highlights how companies use various forms of corporate activism to show support and solidarity with LGBT+ people, especially during Pride Month. The authors note that there is a need to understand how these actions are perceived by civil society organizations (CSOs) that support LGBT+ people. To address this issue, a qualitative study was conducted to gather the perceptions of 11 CSO representatives from different organizations on the activities undertaken by companies for LGBT+ groups. The study intended to explore whether CSOs identified the support provided by businesses as activities to protect human rights, which business activities were valued most by the LGBT+ community, and what business actions in the public sphere are expected.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41720524","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":"Anna Aseeva, From Corporate Social Responsibility to Corporate Social Liability: A Socio‑Legal Study of Corporate Liability in Global Value Chains (Oxford: Hart, 2021), 244 pp","authors":"Marisa McVey","doi":"10.1017/bhj.2023.12","DOIUrl":"https://doi.org/10.1017/bhj.2023.12","url":null,"abstract":"Corporate power continues to grow and impact upon our livelihoods and the environment. Myriad concepts have been introduced to describe the prevention or mitigation of different types of corporate irresponsibility and harm – including accountability, corporate social responsibility (CSR) and corporate sustainability. Into this mix, Anna Aseeva introduces corporate social liability (CSL), an innovative lens to create strategic pathways to alleviate corporate harm. Aseeva centres her socio-legal analysis on the complex leviathan of global value chains (GVCs). GVCs have become the normalized method of production, and now account for over 70 per cent of global trade.1 The book’s thesis lies in the assertion that GVCs operate as ‘connectivity norms’ of global economic relations, which in turn generate systems of economically dependent but legally independent entities between head corporations and periphery firms.2 This dichotomy results in the corporation at the apex of any GVC remaining practically immune to liability. To tackle this immunity, Aseeva argues that international lawyers require new strategies. CSL covers ‘the extent to which head corporations can be held liable for harm, including that which arises out of acts and omissions by their economically dependent entities’.3 CSL contains constitutive elements of both corporate liability for the effects of GVC production and the corporate responsibility to re-distribute, which incorporates, amongst other issues, health and safety standards for workers, and environmental protections. Notably, Aseeva also alludes to CSL’s temporal and aspirational dimensions, operating between current formulations of corporate liability, and as a lens through which to see future systemic changes that will be necessary to transform the global political economy and society.4 The book is organized in four parts. Part I (chapters 1–2) introduces the book’s approach and methods, in addition to providing us with a contextual account of CSR and the proliferation of GVCs. Part II (chapters 3–4) analyses the regulation of corporate responsibility from national, post-national and international law perspectives. Part III (chapters 5–6) investigates recent legal routes to liability for head corporations in GVCs, and Part IV (chapters 7–9) sets out a systemic approach to whether and how CSL could be adopted. Chapter 1 details the CSL approach and situates the book in the socio-legal method through the complementary doctrinal analysis in English, French and US jurisdictions, and a","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"298 - 300"},"PeriodicalIF":2.2,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44773244","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":"Access to Remedies and Reparations: From Brazilian Practice to International Binding Standards","authors":"Thales Cavalcanti Coelho","doi":"10.1017/bhj.2023.7","DOIUrl":"https://doi.org/10.1017/bhj.2023.7","url":null,"abstract":"Brazil is a large exporter of commodities that supply global value chains. According to the United Nations Conference on Trade and Development (UNCTAD), in 2019 commodity exports entailed 8.4 per cent of Brazilian Gross Domestic Product.1 Although commodities exportation is important for the Brazilian economy, their production or extraction often causes human rights harms and environmental damages.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"237 - 243"},"PeriodicalIF":2.2,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45448917","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":"Business and Human Rights in a Changing World Order: Beyond the Ethics of Disembedded Liberalism","authors":"D. Karp","doi":"10.1017/bhj.2023.10","DOIUrl":"https://doi.org/10.1017/bhj.2023.10","url":null,"abstract":"Abstract The UN Guiding Principles (UNGPs) and their concept of human rights due diligence (HRDD) cannot succeed in their current form, because they reify neoliberalism’s public/private divide. This article establishes this argument across historical, theoretical, and normative dimensions, and charts a new way forward. The UNGPs’ separation of the ‘state duty to protect’ from the ‘corporate responsibility to respect’ reflects a contestable conception of companies as private actors: free to act/transact in any way that is not harmful. This is a problem because harm is often invisible, even when taking an active due-diligence approach. To resolve this, HRDD practices must also be based on the positive value of equality. However, businesses are more than mere agents; they also coordinate production and enable social connections. These structural features reveal a ‘missing fourth pillar’ of the UNGPs: a collective political responsibility to challenge and change our current world order.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"135 - 150"},"PeriodicalIF":2.2,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45686461","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":"BHR Agenda and Authoritarian Regimes: The Case of Political and Human Rights Crisis in Belarus Since 2020","authors":"Ekaterina Deikalo","doi":"10.1017/bhj.2023.8","DOIUrl":"https://doi.org/10.1017/bhj.2023.8","url":null,"abstract":"The topic of business and human rights (BHR) is of multidimensional character. A purely legalistic dimension is hardly sufficient to capture the multiple aspects of BHR. This is why the effective promotion of the BHR agenda on universal and local levels depends upon a variety of factors, including sociocultural context and legal, political and economic modes and practices. These factors are distinct in different regions, including Western and Eastern Europe, Eastern Europe and Central Asia (albeit the former two regions are often joined in BHR discussions on a global level).1 Yet, the challenges of the Eastern European region also vary from country to country. For example, if we take the rule of law indicator (which is very important for effective BHR promotion), it is obvious that the rule of law situation in Eastern European countries that are members of the European Union (EU) creates very different challenges compared with those in Eastern European countries that are not members of the EU.2","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42722483","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":"Power, Participation, and Private Regulatory Initiatives: Human Rights Under Supply Chain Capitalism (University of Pennsylvania Press, 2021) Edited by Daniel Brinks, Julia Dehm, Karen Engle and Kate Taylor","authors":"Chris Okafor, D. Birchall","doi":"10.1017/bhj.2023.5","DOIUrl":"https://doi.org/10.1017/bhj.2023.5","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"295 - 297"},"PeriodicalIF":2.2,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46653971","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":"Evaluating the Polish NAPs: Lessons for the Future Implementation of the UN Guiding Principles on Business and Human Rights","authors":"Marcin Kilanowski","doi":"10.1017/bhj.2023.4","DOIUrl":"https://doi.org/10.1017/bhj.2023.4","url":null,"abstract":"\u0000 Since their adoption, the UN Guiding Principles on Business and Human Rights have become crucial to intensify actions to protect human rights in the context of business conduct. Numerous countries, including Poland, have adopted National Action Plans (NAPs). Taking into account the years that have passed, it is worth assessing the implementation of their goals. Guidelines for the preparation of NAPs on business and human rights of the United Nations Working Group on Business and Human Rights (UNWG) are helpful in assessing the Polish NAPs. This Development in the Field piece concludes that every NAP should begin with an assessment that would help identify areas where there is a need to implement necessary policies. Such an assessment could be used to compare the initial stage with future achievements. It should rely on clear milestones mentioned in NAPs, and on key performance indicators to assess effectiveness while also relying on inclusive decision-making processes. Unfortunately, this was not the case with the two Polish NAPs.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43027806","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 Nuremberg to Kabuga’","authors":"Jonathan Kolieb","doi":"10.1017/bhj.2023.1","DOIUrl":"https://doi.org/10.1017/bhj.2023.1","url":null,"abstract":"In September 2022, the international criminal trial of Félicien Kabuga for participation in the 1994 Rwandan genocide began in a courtroom in The Hague. Kabuga’s trial is noteworthy, not only as it is probably one of the last international criminal trials arising from the genocidal scheme that saw 800,000 Tutsis murdered, but also because Kabuga is not accused of directly participating in the killings but facilitating and enabling them through his various business enterprises.1 Kabuga’s trial is a rare moment in the history of international criminal law that sees a businessman being held accountable for his involvement in atrocity crimes. To understand the 75þ years’ history of international criminal law (ICL) that have led to this point and why having a businessman being tried for international crimes is such a rare occurrence, there is no better book than Joanna Kyriakakis’ Corporations, Accountability and International Criminal Law: Industry and Atrocity. ‘There is a problem with the global economy’, Kyriakakis begins, that of a ‘governance gap’ identified by John Ruggie – the lack of effective regulation of transnational corporations. Addressing that problem serves as the framing and impetus for the book. On this basis, Kyriakakis has produced a timely and important contribution to the increasing literature around corporate accountability through hard-law mechanisms for egregious human rights abuses. From Nuremberg to Kabuga, this book provides a comprehensive overview of the key moments when ICL has been used to try and hold companies, and individuals within them, accountable for ‘atrocity crimes’. Kyriakakis weaves legal commentary into each section as well as critical analysis of the key jurisprudential, sociolegal and political debates that surround the core animating question of the book: ‘what is the appropriate role to be played by atrocity law in addressing corporate wrongs?’ The historical review of ICL’s treatment of corporate defendants begins with the postWorld War II period (in chapter 2). Both German and Japanese companies were accused of actively participating and abetting in war crimes. The chapter devotes considerable space to the treatment of corporate actors at Nuremberg – widely seen as the founding moment of modern-day ICL. The absence of an industrialist in the primary International Military Tribunal is discussed as well as subsequent trials of corporate leaders in the trials held by each of the Allies in each of their German occupation zones. The inclusion of how Russian and French authorities treated economic actors, as well as the treatment (or lack thereof) of the Japanese zaibatsu conglomerates in the Tokyo war crimes trials – are useful","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"292 - 294"},"PeriodicalIF":2.2,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57043967","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":"Awareness, Analysis and Action: A Rights Holder Perspective on Building the Fair Food Movement and the Way Forward for Worker-Driven Social Responsibility","authors":"Gerardo Reyes Chavez","doi":"10.1017/bhj.2022.36","DOIUrl":"https://doi.org/10.1017/bhj.2022.36","url":null,"abstract":"There is growing recognition of the need for a more ‘socially just’ implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) that embraces bottom-up, rights holder-driven approaches.1 An initiative is underway to articulate a set of community principles to supplement the three-pillar ‘respect, protect, remedy’ framework of the UNGPs, with a fourth pillar that underscores the importance of rights holder agency to the effective implementation of human rights protections.2 With regard to access to remedy, the UN Working Group on Business and Human Rights has emphasized that ‘rights holders should be central to the entire remedy process’,3 and others have made similar observations, encouraging a ‘co-design’ process.4","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"85 - 89"},"PeriodicalIF":2.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48606160","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":"Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law","authors":"Debadatta Bose","doi":"10.1017/bhj.2023.6","DOIUrl":"https://doi.org/10.1017/bhj.2023.6","url":null,"abstract":"Abstract There has been tremendous momentum in adoption of business and human rights regulations, specifically national legislation that mandate human rights due diligence. While these laws have been heralded as the torchbearers of progress, this article approaches national legislation on business and human rights by placing them in context of a North–South divide through a Third World Approaches to International Law (TWAIL) lens. It looks at the form of regulation of transnational corporations (national/international) – not the substance – and illustrates the neo-colonial flavour of these laws by diving into the narrative behind the adoption of the French devoir de vigilance law. It illustrates that the French law can also be read as an attempt to universalise European values while reinforcing power hierarchies. The claim of this article is that national legislation cannot be a substitute for a treaty but only a path towards one, because national legislation structurally lacks means to take the Global South participation seriously.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"8 1","pages":"18 - 42"},"PeriodicalIF":2.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48437161","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}