Business and Human Rights Journal最新文献

{"title":"Inter-American Elements for a Systemic Approach to State-Owned Enterprises’ Human Rights Obligations","authors":"Judith Schönsteiner","doi":"10.1017/bhj.2021.57","DOIUrl":"https://doi.org/10.1017/bhj.2021.57","url":null,"abstract":"Abstract This article addresses the lack of clarity regarding obligations of state-owned enterprises in the UN Guiding Principles on Business and Human Rights. Starting from the Inter-American Commission of Human Rights’ latest report on the topic, it develops the scope of human rights obligations for state-owned enterprises in the Americas, framing them in a systemic approach that calls for using both governance and regulatory tools to achieve respect for human rights. The article furthermore argues that there are good reasons for limiting the application of due diligence to the relationships with a company’s private business partners, excluding the relationship with its (public) owner where direct responsibility applies. Finally, the article spells out several specific issues that need to be addressed when assessing SOE human rights governance and shows that the enhanced human rights accountability of state-owned enterprises need not contradict a level playing field between public and private business.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"397 - 417"},"PeriodicalIF":2.2,"publicationDate":"2022-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48759514","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 New Route for Redress in the Samarco Case? An Overview of the Simplified Indemnification System’s (Un)Lawfulness","authors":"Danilo B. Garrido Alves, Daniela Arantes Prata, Camila Manfredini de Abreu","doi":"10.1017/bhj.2021.59","DOIUrl":"https://doi.org/10.1017/bhj.2021.59","url":null,"abstract":"On 5 November 2015, the Fundão Dam collapsed, causing the most devastating tailings dam disaster to date. The dam was operated by Samarco S.A., a joint venture by Vale, Brazil’s biggest mining company, and BHP Billiton, the world’s largest mining company.1 Its tailings travelled down the Doce River for ca 700 kilometres until they reached the ocean, affecting 42 municipalities, two states, and thousands of communities along the way. The disaster caused myriad social, environmental and economic impacts: nineteen individuals were killed, and thousands endured physical or psychological harm; water resources and the soil were polluted; habitats were irreversibly destroyed; and the local economy suffered long-lasting damage. Traditional and indigenous communities were especially harmed, as their historical, social, religious and cultural relationships with their land led to even more profound harms.2","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"475 - 480"},"PeriodicalIF":2.2,"publicationDate":"2022-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42712034","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":"Is Latin America Missing the Links Between Procurement, Sustainability and Human Rights?","authors":"Laura Trevino Lozano","doi":"10.1017/bhj.2022.9","DOIUrl":"https://doi.org/10.1017/bhj.2022.9","url":null,"abstract":"Public procurement is a process whereby the public sector buys from private suppliers the goods, services and works it needs to accomplish its functions. It aims to obtain the best ‘value for money’, ‘in a timely, economical and efficient manner’.1 This traditional procurement’s goal was re-defined by scholars and policymakers to give space to non-economic objectives through the so-called sustainable public procurement (SPP).2 SPP pursues economic, environmental and social objectives within the purchasing process.3 Therefore, ‘social’ is one of the three dimensions that makes sustainability possible, and human rights are the backbone of social sustainability.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"461 - 467"},"PeriodicalIF":2.2,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48105450","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":"Transterritorialidade – Uma Teoria de Responsabilização de Empresas por Violações aos Direitos Humanos, Ana Claudia Ruy Cardia Atchabahian (Lumen Juris, 2020)","authors":"Danielle Anne Pamplona","doi":"10.1017/bhj.2022.17","DOIUrl":"https://doi.org/10.1017/bhj.2022.17","url":null,"abstract":"When evaluating the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs), some may claim that the State’s duty to protect (Pillar 1) has been fulfilled with the adoption of National Action Plans; and that the corporate responsibility to respect human rights (Pillar 2) has been fulfilled by calls for companies to act responsibly through initiatives that seek to make them aware of social expectations. However, the effectiveness of both types of initiatives to bring about real changes in people’s lives is open to criticism. Access to remedy (Pillar 3) is notoriously the weaker pillar of the UNGPs.1 In Transterritorialidade – Uma Teoria de Responsabilização de Empresas por Violações aos Direitos Humanos (Transterritoriality – A Theory of Corporate Accountability for Human Rights Violations), Ana Claudia Ruy Cardia Atchabahian confronts this reality. The book is law-oriented and will mainly appeal to those with a legal background, perhaps less to a business audience. The theory presented is developed from the realization that Pillar 3 is neglected by both states and businesses. The author is on a quest for instruments that can ensure corporate accountability for human rights violations. First, the book presents the reasons for choosing access to remedy as a research topic; then it analyses existing instruments and initiatives to promote redress, and how they fall short of what is promised and desired. Finally, the author proposes her own theory, which revolves around the application of extraterritoriality, but in such a way that it increases the chances that the substantive law applied is victims-centred. The first chapter delivers the backdrop to Atchabahian’s concerns, namely the postWorld War II reconstruction of countries based on consumption, and the consequent dependence on companies that produce goods and services, which are attracted to countries in exchange for a portion of sovereignty. Investments, economic prosperity, and the possibility of consumption bring a sense of security that blinds people to the human and environmental costs of this arrangement. International law coping with this situation is fragmented, leading to insecurity that is reinforced by the actions of transnational corporations. States, voluntarily or not, fail to protect individuals. The author identifies this as a violation of Douzinas’ ‘ethics of alterity’, the ‘ethics before the being and the obligation before the others’ need or interest’ (p. 22). The response proposed is based on Amartya Sen’s ‘behavioural ethic’ (p. 22) whose normative framework arises from Gunther Teubner’s transnational or global law and the norms of international human rights law. Chapters 2 and 3 discuss corporate liability in existing initiatives, and their ability to produce redress. The UNGPs, the current UN process for drafting a treaty on business and human rights and domestic models (e.g., national action plans or specific legislation like the","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"508 - 510"},"PeriodicalIF":2.2,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47835890","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 Latin America: A Systematic Review of Scholarship","authors":"Cristina Blanco Vizarreta, Weronika Betta","doi":"10.1017/bhj.2022.4","DOIUrl":"https://doi.org/10.1017/bhj.2022.4","url":null,"abstract":"Abstract Latin America has traditionally been both an object of great interest to business and human rights (BHR) scholars and a source of important contributions to the discussion of the most pressing challenges in the field. This article is an attempt at a systematic review of the Latin American contributions to the BHR scholarship to date. It relies on systematic data collection and qualitative analysis of an original dataset of existing literature on BHR in the Latin American context, with the hope of providing a baseline assessment of the state of the field and contributing to building an interdisciplinary and diverse research agenda moving forward. Special focus is paid to how particular regional characteristics shape Latin American contributions. More broadly, the article offers an opportunity to reflect on the place of Global South perspectives in the development of the field.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"342 - 374"},"PeriodicalIF":2.2,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42099757","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":"Bridging the Gap between Foreign Investor Rights and Obligations: Towards Reimagining the International Law on Foreign Investment","authors":"Nicolás M. Perrone","doi":"10.1017/bhj.2022.16","DOIUrl":"https://doi.org/10.1017/bhj.2022.16","url":null,"abstract":"Abstract This article proposes to see the history of the international law on foreign investment as about the promotion of investor rights as much as the resistance to investor obligations. The argument is that the divide between investment protection and the responsibility of foreign investors is one of the most significant features of international investment law. The article shows that the different treatment of rights and obligations is grounded in the same business project and legal imagination. Maintaining this divide has never been easy, as this model faced resistance, particularly from Latin America, trade unions and human rights activists. The analysis concludes by noting that academics can contribute to reimagining the international law on foreign investment by bringing investment treaty law and business and human rights closer. This shift is already happening.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"375 - 396"},"PeriodicalIF":2.2,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46256884","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":"Qatar Labour Reforms Ahead of the FIFA 2022 World Cup","authors":"Mustafa Qadri","doi":"10.1017/bhj.2022.14","DOIUrl":"https://doi.org/10.1017/bhj.2022.14","url":null,"abstract":"In response to a forced labour review by the International Labour Organization (ILO) that threatened to turn into a formal international inquiry,1 the government of Qatar commenced an ambitious programme of labour reforms aimed largely at addressing concerns about its treatment of migrant workers. About 2.4 million men and women,2 an estimated 88.4 per cent of the small Gulf nation’s population,3 are migrant workers. It has the second largest known gas reserves in the world, and its airbases are home to the largest United States military installation in the Middle East.4 Yet, the small Gulf emirate garnered little international scrutiny until it was awarded in 2010 the right to host the Fédération Internationale de Football Association (FIFA) men’s Football World Cup tournament in 2022.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"319 - 325"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48387475","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 EU’s Draft Corporate Sustainability Due Diligence Directive: A First Assessment","authors":"Christopher Patz","doi":"10.1017/bhj.2022.19","DOIUrl":"https://doi.org/10.1017/bhj.2022.19","url":null,"abstract":"In February this year, the European Commission finally released its proposal for an EU-wide Directive on Corporate Sustainability Due Diligence (‘the draft directive’).1 The draft directive, which follows the 2017 French devoir du vigilance (Duty of Vigilance) and the 2021 German Lieferkettengesetz (Supply Chain Law) as well as a 2020 European Parliament draft law on the same topic,2 is in various respects the most ambitious of its kind.3 Nonetheless, the move to legalize the concept of human rights and environmental due diligence as derived from the international standards has once again tempted European policy-makers (often in the name of ‘legal certainty’) to amend and limit aspects of the internationally agreed and -established concept, with the ultimate effect of reducing decade-long established responsibilities for companies.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"291 - 297"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47885157","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":"BHJ volume 7 issue 2 Cover and Front matter","authors":"","doi":"10.1017/bhj.2022.23","DOIUrl":"https://doi.org/10.1017/bhj.2022.23","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"f1 - f6"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43415973","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":"Candidate City Human Rights Proposals for the 2026 World Cup: The Promise of a Positive Legacy","authors":"David Alfrey, L. Amis, Stephen M. Nickelsburg, William Rook","doi":"10.1017/bhj.2022.21","DOIUrl":"https://doi.org/10.1017/bhj.2022.21","url":null,"abstract":"Since 2017, the Fédération Internationale de Football Association (FIFA) has incorporated human rights risk assessments into its bidding requirements for major events, beginning with the competition to host the 2026 FIFA Men’s World Cup.1 This process began at a time of increased scrutiny on the impact of major events and greater focus on the applicability of the UN Guiding Principles on Business and Human Rights (UNGPs) to sport. In 2014, the Centre for Sport and Human Rights’ founding Chair Mary Robinson, together with John Ruggie (author of the UNGPs), wrote to FIFA in their respective capacities as Patron and Chair of the Institute for Human Rights and Business (IHRB) to stress the need for ‘sustained due diligence […] with respect to decisions about host nations and how major sporting events are planned and implemented’.2 Following recommendations set forth in the letter, expanded upon in Ruggie’s 2016 report ‘For the Game, For the World’, FIFA introduced robust bidding requirements that any country or region wishing to bid to host a World Cup will have to conduct a human rights risk assessment and outline how they intend to mitigate each of the risks identified.3 These requirements are designed to align the World Cup bidding process with the UNGPs.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"311 - 318"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47715090","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}