Corporate Accountability Mechanisms in EU Member States for Human Rights Abuses in Third Countries

Author(s):  
Axel Marx ◽  
Claire Bright ◽  
Nina Pineau ◽  
Jan Wouters
2011 ◽  
Vol 16 (4) ◽  
pp. 439-457 ◽  
Author(s):  
Lee C. Moerman ◽  
Sandra L. van der Laan

This paper documents the history of paternalistic state policies and the effects of asbestos mining on the Indigenous community at Baryulgil in northern New South Wales. Despite the lack of profitability, the asbestos operations continued for over 30 years leaving a legacy of asbestos-related health and environmental issues. The shift of responsibility for Indigenous welfare from the State to a corporate entity is evidenced in this historical study using the lens of historical institutionalism. The Baryulgil case is instructive in a number of ways: it demonstrates the subtlety with which human rights abuses can occur in an environment where paternalistic attitudes towards Indigenous peoples prevail; it demonstrates the clash between pursuit of corporate objectives and human rights; and finally it demonstrates the lack of corporate accountability in the asbestos industry.


Author(s):  
Artur Nowak-Far

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.


Author(s):  
Erika George

Incorporating Rights: Strategies to Advance Corporate Accountability examines existing and emerging advocacy strategies that could conceivably close a global governance gap that puts human rights at risk and places commercial actors at risk of becoming complicit in human rights abuses when conducting business in emerging market economies and complex environments. Corporate codes of conduct, sustainability reporting, and selected multistakeholder initiatives are presented as the building blocks of a system of soft law that could solidify to become binding baseline standards for better business practices. This book explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides accounts of the creation of industry sector regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses. It examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. This book argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and implemented consistent with respect for human rights. Where concerned consumers and investors exercise preferences for products that are not associated with abuse and have access to information on corporate performance and risks posed to human rights, there is potential to change corporate conduct. Societal expectations are increasing and evolving.


2006 ◽  
Vol 19 (3) ◽  
pp. 753-772 ◽  
Author(s):  
MIELLE BULTERMAN

Under the UN sanctions regime of Resolution 1267, UN member states are obliged to freeze the assets of persons and entities which are associated with Usama bin Laden, and which therefore reason have been listed by the UN. Within the European Union this ‘UN sanctions list’ is implemented by means of a Community regulation, having direct effect in all EU member states. The regulation was challenged by several individuals and an organization, which were added to the UN sanctions list on the basis of their association with al Qaeda. The regulation was challenged on two grounds. First, the applicants claimed that the Community did not have the competence to adopt the contested regulation. In the second place, the applicants claimed that the Community regulation infringed their human rights (right to property, right of access to court). Thus the CFI was asked to determine to what extent it is competent indirectly to review measures adopted under the UN Charter. This delicate legal question is answered in a lengthy judgment, the legal reasoning of which is not always convincing.


Health Policy ◽  
2008 ◽  
Vol 86 (2-3) ◽  
pp. 222-233 ◽  
Author(s):  
Tom Goffin ◽  
Pascal Borry ◽  
Kris Dierickx ◽  
Herman Nys

Health Policy ◽  
2007 ◽  
Vol 83 (2-3) ◽  
pp. 223-235 ◽  
Author(s):  
Herman Nys ◽  
Loes Stultiëns ◽  
Pascal Borry ◽  
Tom Goffin ◽  
Kris Dierickx

We have entered the sixteenth year of the publication Contemporary Military Challenges with a wish to mark a few important anniversaries. In 2004, Slovenia joined the European Union and became a NATO member. Slovenia has thus been an active member of two distinguished international organisations for ten years. At the same time, this denotes a decade of active participation of Slovenian Armed Forces members in international operations and missions organised by the Alliance. In addition, it is the year in which the Slovenian Armed Forces reached the full age of its presence in the international environment. Eighteen years ago, in May 1997, twenty five members of Slovenian Armed Forces medical unit were deployed to a peace operation ALBA in Albania. If we look deeper into the past, Slovenian General Rudolf Maister was born one hundred and forty years ago. He significantly influenced the evolution of developments before World War I, but mostly Slovenian national consciousness. This year marks the hundredth anniversary of the beginning of World War I. The anniversary itself or the reasons for it are certainly not motivational – quite the opposite. It was an event on a worldwide scale which caused a great number of deaths and thus represented a devastating catastrophe. At that time, people did not even imagine what wars could bring for the future generations. All these anniversaries, and more could be found, impacted the substantive premise of this year’s issues. This is, of course, not because we would wish to turn backwards and deal with the historical issues. After all, we are the “Contemporary Military Challenges”. What mainly interests us is what have we learned from these examples and experiences. Is today’s situation any different because of them? Are we any better? For this purpose, we have published on our Slovenian (http://www.slovenskavojska. si/publikacije/sodobni-vojaski-izzivi/) and English (http://www.slovenskavojska. si/publikacije/sodobni-vojaski-izzivi/) websites an invitation for authors who would wish to deal with this subject. We are an interdisciplinary scientific and technical publication, which publishes articles on topical issues, research and expert discussions, as well as on technical and social science analyses covering the fields of international and national security and defence; global security challenges; crisis management; civil-military cooperation, and operations, development and transformation of the armed forces. The main topics that entertain our interest have been incorporated into the titles of individual issues. This year’s second issue will be entitled “Recent education and training trends in security, defence and military sectors”, the third one “Ten years of Slovenia’s NATO membership”, and the fourth one “100th anniversary of the beginning of World War I - have we learned anything from the conflicts in the past 100 years”. This year’s first issue was reserved for the topics suggested by the authors and we have received some very interesting articles. Ljubo Štampar in his article entitled Respect for human rights and fundamental freedoms in armed forces of EU member states: approaches, practices and mechanisms presents, in relation to the armed forces, the human rights and freedoms as the foundations of modern democratic societies. He compares freedom of speech, right to announce candidacy in the election or join political parties, freedom of association, freedom of trade unions and right to strike in individual EU member states. Vinko Vegič in his article The role of armed forces in Europe: from territorial defence to various security tasks establishes that two of the most important changes in the role of the armed forces include the need for a defence of the territory, and the appearance of some relatively differing and often poorly defined tasks. Countries have to adapt their defence doctrines and military structure to these two subjects, whereby the public (potentially) plays a decisive role. The young, patriotism and national security: armed forces as a pillar of patriotic structures is the article by Vladimir Prebilič and Jelena Juvan. The authors base their findings on the circumstances already described by Vinko Vegič, and establish the relation among the system of national security, values and patriotism among young people in Slovenia. Do the results of the survey represent a cause for concern? The transformation of armed forces has been a topical issue, especially in the recent two years, and has intrigued Mihael Nagelj enough to verify the theoretical and practical understanding of this notion in the defence system. His findings are presented in the article entitled Defence sector transformation: as understood in the world and Slovenia. Tomaž Pajntar, the author of the article Security of buildings in the event of a terrorist bomb attack writes about a blast as a result of an explosion and its effects on the buildings and their security. He carefully analyses and illustrates the laws of explosions, the knowledge of which is very important in the provision of building security. In her article entitled Information management and network collaboration in the Slovenian Armed Forces – a necessity or only a topical issue, Dragica Dovč presents the theory and practice of terms that at first seem very familiar. However, the results of her survey based on the case of the Slovenian Armed Forces, reveal that this field of work is still fairly unexplored. So, here is one more reason for other friends of defence and military topics to join the group of writers.


2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.


Author(s):  
Bojana Čučković

The paper analyses the influence that the Covid-19 pandemic has had on the functioning of the European asylum system. The analysis is divided into three parts and addresses problematic issues associated with different stages of the pandemic. In the first part of the paper, the author outlines the asylum practices of EU Member States in the initial stage of the Covid-19 pandemic during which the pandemic was perceived as a state of emergency. By exploring the legal possibilities to derogate both from the EU asylum rules and international human rights standards, the author offers conclusions as regards limits of derogations and the legality of Member States’ practices, especially their failure to differentiate between rules that are susceptive of being derogated in emergency situations and those that are not. The second part of the paper analyses the current phase of the pandemic in which it is perceived as a 'new normal' and focuses on making the EU asylum system immune to Covid-19 influence to the greatest extent possible and in line with relevant EU and human rights rules. The author insists on the vulnerability as an inherent feature of persons in need of international protection and researches upon the relationship between the two competing interests involved – protection of asylum seekers and ensuring public health as a legitimate reason for restricting certain asylum seekers’ rights. The final part of the paper analyses the prospects of the future EU asylum system, as announced by the New Pact on Migration and Asylum in September 2020, to adapt to the exigencies of both the current Covid-19 crisis and pandemics that are yet to come. With an exclusive focus on referral to Covid-19 and provisions relevant for the current and future pandemics, the author criticizes several solutions included in the instruments that make up the Pact. It is concluded that the Pact failed to offer solutions for problems experienced during the Covid-19 pandemic and that, under the pretext of public health, it prioritizes the interests of Member States over the interests of applicants for international protection.


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