scholarly journals Toward a Strategic Engagement with the Question of the Corporation

2021 ◽  
pp. 313-333
Author(s):  
Michael Bader
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
Historical Narrative ◽  
Dark Side ◽  
The Political ◽  
Corporate Accountability ◽  
Corporate Rights ◽  
Business And Human Rights ◽  
Corporate Form

AbstractCorporations, in their quest for the highest profit margin, have violated human rights, labour rights and environmental standards for decades, with little to no accountability. In recent years, the fight for corporate accountability under the banner of “Business and Human Rights” has come to dominate civil society’s engagement with the “question of the corporation.” This chapter aims to critically examine the political objectives underpinning the broad-church project of Business and Human Rights in its world-making aspirations, taking the Legally Binding Instrument currently under discussion at the UN Human Rights Council as a case study. Using a historical narrative approach, this article first situates the evolution of Business and Human Rights within neoliberal globalisation and, against this backdrop, attempts to think through the “dark side” of this particular strand of human rights activism. By bringing critical legal scholarship on the corporation and human rights into closer conversation with Business and Human Rights, the article aims to excavate the latter’s structural flaws, namely that it leaves the asymmetries in the global economy and the imperial corporate form unchallenged. By problematising Business and Human Rights’ presupposition of business as fact and its uncritical embrace of rights as positive change-makers, the article presents an invitation to rethink strategic political objectives vis-à-vis corporate rights abuses.

scholarly journals Human rights, accounting, and the dialectic of equality and inequality

2016 ◽  
Vol 29 (4) ◽  
pp. 568-593 ◽  
Author(s):  
Yingru Li ◽  
John McKernan
Keyword(s):  
Human Rights ◽  
Social Order ◽  
The Political ◽  
Corporate Accountability ◽  
Policy And Practice ◽  
Content Type ◽  
Critical Potential ◽  
Theoretical Contribution ◽  
Business And Human Rights ◽  
Guiding Principles

Purpose – The United Nations Guiding Principles locate human rights at the centre of the corporate social responsibility agenda and provide a substantial platform for the development of business and human rights policy and practice. The initiative gives opportunity and focus for the rethinking and reconfiguration of corporate accountability for human rights. It also presents a threat: the danger, as we see it, is that the Guiding Principles are interpreted and implemented in an uncritical way, on a “humanitarian” model of imposed expertise. The critical and radical democratic communities have tended to be, perhaps rightly, suspicious of rights talk and sceptical of any suggestion that rights and the discourse of human rights can play a progressive role. The purpose of this paper is to explore these issues from a radical perspective. Design/methodology/approach – This paper uses insights taken from Jacques Rancière’s work to argue that there is vital critical potential in human rights. There is an obvious negativity to Rancière’s thought insofar as it conceives of the political as a challenge to the existing social order. The positive dimension to his work, which has its origins in his commitment to and tireless affirmation of the fact of equality, is equally important, if perhaps less obvious. Together the negative and positive moments provide a dynamic conception of human rights and a dialectical view of the relation between human rights and the social order, which enables us to overcome much of the criticism levelled at human rights by certain theorists. Findings – Rancière’s conception of the political puts human rights inscriptions, and the traces of equality they carry, at the heart of progressive politics. The authors close the paper with a discussion of the role that accounting for human rights can play in such a democratic politics, and by urging, on that basis, the critical accounting community to cautiously embrace the opportunity presented by the Guiding Principles. Originality/value – This paper has some novelty in its application of Rancière’s thinking on political theory to the problems of critical accounting and in particular the critical potential of accounting and human rights. The paper makes a theoretical contribution to a critical understanding of the relationship between accounting, human rights, and democracy.

Corporate (Non-)Accountability and Human Rights

2018 ◽  
Vol 46 (4-5) ◽  
pp. 503-523
Author(s):  
Stéfanie Khoury
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
Codes Of Conduct ◽  
Washington Consensus ◽  
Corporate Accountability ◽  
Criminal Courts ◽  
Race To The Bottom ◽  
Alternative Approach ◽  
Binding Mechanisms

Abstract The role of business in violations of human rights has been at the heart of international debates for decades. As early as the 1970s attempts were made at the UN by Global South nations (known as the G-77) to establish internationally-binding mechanisms to address corporate violations of human rights. Ultimately, those attempts were watered down into “codes of conduct”. In the early 1990s, the “Washington Consensus” was used to steer states to deregulate and restructure their economies in a race-to-the-bottom that placed emphasis upon integrating the global economy over human rights and environmental protections. Although corporate violations existed before, it was only at this juncture that many human rights cases were brought into public view. Some litigation was pursued, but it was most often in tort, and sometimes in criminal courts. This article argues that the existing regional human rights courts have bolstered corporate human rights, while at the same time have remained on the sidelines of addressing corporate accountability. The emergent ASEAN human rights system has not yet developed a human rights court. The article suggests that there are key grassroots movements shaping human rights discourses around corporate accountability through the region and that these offer exciting prospects for an alternative approach to addressing corporate accountability through a prospective supervisory mechanism.

Promoting Business and Human Rights Education: Lessons from Colombia, Ukraine and Pakistan

2021 ◽  
pp. 1-9
Author(s):  
Anthony EWING
Keyword(s):  
Human Rights ◽  
Western Europe ◽  
Academic Discipline ◽  
Business Case ◽  
International Standards ◽  
Corporate Accountability ◽  
Course Content ◽  
Business And Human Rights ◽  
Training Programmes ◽  
University Settings

Business and human rights (BHR) has been taught as an academic discipline and field of practice for thirty years.1 Since the first courses at business schools, law schools, and schools of public policy in North America and Western Europe, BHR curricula have proliferated worldwide. BHR course content has expanded to include new international standards, such as the UN Guiding Principles on Business and Human Rights (UNGPs); tools for corporate accountability; 2 and examples from the growing body of corporate BHR practice. BHR pedagogy has evolved to embrace multidisciplinary teaching techniques, from business case studies to legal drafting exercises and experiential role plays.3 BHR teaching is taking place in every region, from Africa and Asia to the Middle East and Latin America. Over 350 individuals teach the subject in some form at more than 200 institutions in 45 countries.4 More than 100 universities have added BHR courses to their curricula in the past decade alone. BHR is also taught outside traditional university settings in dedicated workshops and training programmes for professionals, academics and students.5

scholarly journals Human Rights Half Measures: Avoiding Accountability in Postwar Sri Lanka

2019 ◽  
Vol 72 (1) ◽  
pp. 121-163 ◽  
Author(s):  
Kate Cronin-Furman
Keyword(s):  
Human Rights ◽  
The Political ◽  
The West ◽  
Academic Literature ◽  
International Pressure ◽  
Human Rights Council ◽  
The Creation ◽  
Veto Points ◽  
Do So

AbstractWhy do repressive states create human rights institutions that cost them money and political capital but fail to silence international criticism? The academic literature assumes that states engaging in disingenuous human rights behavior are hoping to persuade (or deceive) liberal Western states and international advocates. But if human rights promoters in the West are the target audience for the creation of these half measures institutions, the strategy appears puzzlingly miscalculated. It reveals that the repressive state is sensitive to international opinion, and often results in increased pressure. The author argues that states engaging in human rights half measures are playing to a different, previously overlooked audience: swing states that can act as veto points on multilateral efforts to enforce human rights. The article illustrates these dynamics with a case study of Sri Lanka’s response to international pressure for postwar justice. The author shows that although the creation of a series of weak investigative commissions was prompted by pressure from Western governments and ngos, it was not an attempt to satisfy or hoodwink these actors. Instead, it was part of a coalition-blocking strategy to convince fellow developing states on the UN Human Rights Council to oppose the creation of an international inquiry and to give them the political cover to do so.

The Role of Non-Governmental Organizations in the Business and Human Rights Treaty Negotiations

2017 ◽  
Vol 9 (2) ◽  
pp. 287-311 ◽  
Author(s):  
Nadia Bernaz ◽  
Irene Pietropaoli
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Corporate Accountability ◽  
Governmental Organizations ◽  
Business And Human Rights ◽  
Non Governmental Organizations ◽  
Treaty Negotiations ◽  
Global Movement ◽  
The Impact

AbstractIn June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first session launching the negotiations process—the culmination of a global movement of non-governmental organizations (NGOs) that over the last four decades have called for greater corporate accountability for human rights violations. The advocacy activities of the Treaty Alliance, an alliance of NGOs that supports the development of the treaty, were pivotal to the tabling of the resolution establishing the working group. These organizations now have the opportunity to engage with the negotiations process, both formally and informally, through consultations, advocacy, and lobbying. This article considers the impact NGOs may have in the drafting negotiations of the proposed treaty. It identifies several lobbying and advocacy strategies that were successful in previous international law-making processes and discusses the extent to which they could be applied to the current negotiations. It presents the benefits of an NGO coalition, of formal and informal lobbying strategies, and of the development of a common NGOs and friendly states framework. It analyses the reasons for Western states’ opposition and suggests lobbying strategies that may overcome it. Recognizing the unique subject matter of this treaty, it also focuses on lobbying corporate actors, and explores the complementarity between the Guiding Principles on Business and Human Rights and the treaty and the need for NGOs to support both. The article concludes on the necessity to compromise on essential points if a treaty is ever to emerge.

scholarly journals Remedying depletion through social reproduction: a critical engagement with the United Nations’ business and human rights framework

2020 ◽  
Vol 3 (2) ◽  
pp. 185-202
Author(s):  
Beth Goldblatt ◽  
Shirin M. Rai
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Social Reproduction ◽  
Global Economy ◽  
Legal Regime ◽  
The Sustainable Development ◽  
Business And Human Rights ◽  
Development Goals ◽  
The United Nations

The growing recognition of unpaid work in international law and the Sustainable Development Goals acknowledges that gendered labour supports the global economy. This work can have harmful impacts, leading to ‘depletion through social reproduction’ (<xref ref-type="bibr" rid="CIT0036">Rai et al, 2014</xref>). When corporate harms impact on workers and communities, family members are often required to provide caring labour for those directly affected. However, the consequential harms of depletion are generally invisible within the law and uncompensated. In assessing the United Nations’ business and human rights framework, we argue that the international legal regime must take account of social reproductive work and its consequent harms.

Corporate accountability and human rights disclosures: A case study of Barrick Gold Mine in Tanzania

2014 ◽  
Vol 38 (2) ◽  
pp. 91-108 ◽  
Author(s):  
Sarah Lauwo ◽  
Olatunde Julius Otusanya
Keyword(s):  
Human Rights ◽  
Gold Mine ◽  
Corporate Accountability

scholarly journals Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty

2020 ◽  
Author(s):  
Nadia Bernaz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Analytical Framework ◽  
Negotiation Process ◽  
Corporate Accountability ◽  
Business And Human Rights ◽  
Trade Offs ◽  
Core Elements ◽  
Political Realities ◽  
Future Business

Abstract This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights (BHR) treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support.

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