Financial giants and moral pygmies?

2014 ◽  
Vol 9 (1) ◽  
pp. 11-32 ◽  
Author(s):  
Shaomin Li ◽  
Ajai Gaur
Keyword(s):  
Human Rights ◽  
Host Country ◽  
Host Countries ◽  
Content Type ◽  
Human Rights Abuses ◽  
Collective Effort ◽  
Multiplicative Effect ◽  
High Level ◽  
Human Rights Standards ◽  
Rights Issues

Purpose – How should a multinational corporation (MNC) from a mature democracy deal with the human rights issues in a country with a poor human rights standard? The paper aims to discuss these issues. Design/methodology/approach – The authors develop a mathematical model to depict MNC's behavior in response to human rights violations in the host country. Findings – The authors show that, first, in a country with a high level of human rights abuses, a firm will have to lower its human rights standards to survive; but, second, a collective effort by all firms is essential to improve the human rights conditions in the host environment; and third, a firm's human rights practices may have a multiplicative effect that can significantly affect the momentum of human rights development in a host country. Originality/value – This study is one of the first attempts to provide a theoretical framework on the issue of MNCs and human rights in host countries.

Strategic motives, institutional environments, and firm’s FDI ownership

2017 ◽  
Vol 25 (4) ◽  
pp. 307-327 ◽  
Author(s):  
Yigang Pan
Keyword(s):  
Host Country ◽  
Interaction Effects ◽  
Annual Reports ◽  
Institutional Environments ◽  
Host Countries ◽  
Content Type ◽  
Listed Firms ◽  
High Level ◽  
Strategic Motives ◽  
Subsidiary Ownership

Purpose The study conceptualizes how firms’ strategic motives interact with the heterogeneity of host country institutional environments in determining the subsidiary ownership. The author hypothesizes and tests two interaction effects. The study found that firms with market-seeking motives are more affected by the heterogeneity of host country institutional environments, while firms with resource-seeking motives are less affected by the heterogeneity. The empirical findings are based on a sample of overseas subsidiaries reported in the annual reports of listed firms in China. Design/methodology/approach In this study, an empirical investigation was conducted using a sample of subsidiaries of listed firms in China. The data were compiled from 2012 annual reports of listed firms in China. The sample consists of 2,270 subsidiaries of these firms. Findings The study conceptualizes that firms with market-seeking motives and resource-seeking motives are influenced differently by the heterogeneity of host country institutional environments in determining their subsidiary ownership. We hypothesize two interaction effects. Firms with market-seeking motives are more subject to the heterogeneity of host country institutional environments in determining their FDI ownership level. In contrast, firms with resource-seeking motives are less subject to this heterogeneity. The findings largely supported the study’s hypotheses. Originality/value This study fills an important gap in the literature by incorporating the interaction between strategic motives and host country environments in the analysis of subsidiary ownership. The findings of the study suggest that firms with a market-seeking motive are more particular about the host country institutional environments. They will acquire a high level of ownership in host countries with attractive institutional environments. In contrast, firms with resource-seeking motive are less concerned with the host country institutional environments. Their decision on subsidiary ownership is less affected by the variance in host country institutional environments. This study adds to the stream of studies that have examined outward investments of firms from emerging economies, particularly the outward expansion of Chinese firms with different strategic motives.

The adaptability of international arbitration: Reforming the arbitration mechanism to provide effective remedy for business-related human rights abuses

2018 ◽  
Vol 36 (3) ◽  
pp. 214-231
Author(s):  
Katerina Yiannibas
Keyword(s):  
Human Rights ◽  
Direct Access ◽  
International Arbitration ◽  
Holding Companies ◽  
Human Rights Abuses ◽  
Cross Border ◽  
The Subject ◽  
Effective Remedy ◽  
Human Rights Standards ◽  
Rights Issues

This paper analyses the potential for international arbitration to provide effective remedy for business-related human rights abuses. Since the proliferation of international arbitration, the default arbitration mechanism as it stands has been contemplated by and large for the resolution of cross-border commercial disputes where the primary interests are efficiency and finality. However, there is evidence that human rights issues have emerged in international arbitration. Accordingly, if arbitration is to be used in such cases, the mechanism must be adapted in light of the particular issues that arise in the adjudication of human rights; the balance between transparency and confidentiality, reprisals against victims and human rights defenders, collective redress, financial assistance, the applicability of human rights standards. If proper procedures are in place to contemplate the particular interests involved in cases where the substantive claims involve human rights, the advantage of international arbitration is that it can provide direct access in a neutral forum for holding companies accountable where national jurisdictions are unavailable or difficult to access. This article begins by analysing the historical development of international arbitration so as to demonstrate a pattern of adaptability and flexibility vis-à-vis the subject matter of cross-border disputes. The article will then contemplate the potential of and concerns for international arbitration, putting forward specific recommendations for reforms of the international arbitration mechanism in cases where the substantive claims involve business-related human rights abuses.

Jordan will quietly reposition on human rights issues

2021 ◽  
Keyword(s):  
Human Rights ◽  
Content Type ◽  
Rights Issues

Headline JORDAN: Amman will quietly reposition on rights issues

Evolution of artificial intelligence and its impact on human rights: from sociolegal perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S. ◽  
Zahid Hussain
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Government Agencies ◽  
Unique Contribution ◽  
Content Type ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government ◽  
Unique Study ◽  
Rights Issues

Purpose The applications of artificial intelligence (AI) in different sectors have become agendas for discussions in the highest circle of experts. The applications of AI can help society and can harm society even by jeopardizing human rights. The purpose of this study is to examine the evolution of AI and its impacts on human rights from social and legal perspectives. Design/methodology/approach With the help of studies of literature and different other AI and human rights-related reports, this study has taken an attempt to provide a comprehensive and executable framework to address these challenges contemplated to occur due to the increase in usage of different AI applications in the context of human rights. Findings This study finds out how different AI applications could help society and harm society. It also highlighted different legal issues and associated complexity arising due to the advancement of AI technology. Finally, the study also provided few recommendations to the governments, private enterprises and non-governmental organizations on the usage of different AI applications in their organizations. Research limitations/implications This study mostly deals with the legal, social and business-related issues arising due to the advancement of AI technology. The study does not penetrate the technological aspects and algorithms used in AI applications. Policymakers, government agencies and private entities, as well as practitioners could take the help of the recommendations provided in this study to formulate appropriate regulations to control the usage of AI technology and its applications. Originality/value This study provides a comprehensive view of the emergence of AI technology and its implication on human rights. There are only a few studies that examine AI and related human rights issues from social, legal and business perspectives. Thus, this study is claimed to be a unique study. Also, this study provides valuable inputs to the government agencies, policymakers and practitioners about the need to formulate a comprehensive regulation to control the usage of AI technology which is also another unique contribution of this study.

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Criminal Liability ◽  
Content Type ◽  
Legal Perspective ◽  
The Government ◽  
The Individual ◽  
The Impact ◽  
Rights Issues ◽  
Comprehensive Study

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

Impact of corruption on Chinese investment in African countries

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shilin Yuan ◽  
Haiyang Chen ◽  
Wei Zhang
Keyword(s):  
Developing Countries ◽  
Developing Country ◽  
Host Country ◽  
Practical Implication ◽  
Host Countries ◽  
African Countries ◽  
Control Variables ◽  
Content Type ◽  
The Impact ◽  
New Evidence

Purpose This paper aims to examine the impact of host country corruption on foreign direct investment (FDI) from China to developing countries in Africa. With the opposing arguments that corruption is detrimental to or instrumental in FDI and mixed empirical evidence, this paper contributes to the literature by providing new evidence on the issue. Additionally, little research has been done on the impact of corruption on FDI made by developing country multinationals to developing countries. This paper fills a void in this area. Design/methodology/approach Based on the published literature, as well as China and Africa contexts, the authors develop hypotheses that host countries with low corruption receive more FDI and resource-seeking investments weaken the relationship. The annual stock of Chinese FDI in 35 African countries, host country corruption data and other control variables from 2007 to 2015 are collected. Feasible generalized least squares models are used to test the hypotheses. Additional robustness tests are also conducted. Findings The findings support the hypotheses. Specifically, Chinese investors make more investments in host countries with low corruption except for resource-seeking investments in resource-rich host counties. The results are statistically significant accounting for various control variables. The results of the robustness tests show that the main findings are robust. Originality/value First, this study provides new evidence on the impact of corruption on FDI. Second, this study also fills a void by examining FDI from a developing country, China to other developing countries in Africa. Finally, this study also has a practical implication for Chinese multinationals investing in Africa.

Colombia unrest offers no quick solutions

2021 ◽  
Keyword(s):  
Human Rights ◽  
Fiscal Reform ◽  
Content Type ◽  
Human Rights Abuses ◽  
International Reputation ◽  
The Government

Significance Large demonstrations on May 28 resulted in several deaths in Cali; President Ivan Duque deployed troops there the next day. Although that appears, temporarily, to have restored some order, talks between the government and protest leaders have stalled. Impacts The government still plans fiscal reform of some kind, but any proposals now risk inflaming unrest. Prolonged accusations of human rights abuses and impunity could damage Colombia’s international reputation. Fear of socialism and Venezuela’s struggles offer the government a powerful electoral weapon against the left.

From Voluntary to Obligatory

2021 ◽  
pp. 259-324
Author(s):  
Erika George
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
Business Practices ◽  
Social License To Operate ◽  
Social License ◽  
Regulation Strategies ◽  
Multistakeholder Initiatives ◽  
Human Rights Standards ◽  
Industry Sectors ◽  
Rights Issues

This chapter examines what corporations say they are doing to address human rights risks presented by particular business practices in particular contexts. It offers an overview of the different strategies being used by transnational business enterprises to respond to concerns expressed by investors, consumers, and affected communities. Among the self-regulation strategies used by businesses examined are participation in multistakeholder initiatives designed to address human rights issues, human rights impact assessments, audits and certifications, supply chain contract provisions, and corporate responses to ratings and reports by concerned stakeholder constituencies. The chapter presents the findings of a discourse analysis of codes created by competing corporations in selected industry sectors assessing over time the extent to which codes incorporate reference to human rights standards and refer to emerging self-regulation strategies. Corporate responses to allegations of complicity in abuse are analyzed. The chapter argues that the discursive frame asserted by corporate responsibility incorporating rights increasingly treats voluntary norms as obligatory to maintaining a “social license” to operate.

The United Nations and Human Rights

1997 ◽  
Vol 25 (1-3) ◽  
pp. 17-34
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Technical Assistance ◽  
International Human Rights ◽  
Governmental Organization ◽  
Fundamental Freedoms ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
Rights Issues

International cooperation for the promotion and encouragement of human rights and fundamental freedoms is one of the very purposes of the United Nations, according to article 1 of the Organization's Charter. The mandate is clear. In order to live up to this purpose, much work has been undertaken by establishing international human rights standards and by encouraging and persuading states to comply with these same standards.This presentation, by way of an overview, briefly describes the international human rights instruments and the classification and contents of the standards contained therein. The methods employed by the United Nations and non-governmental organization (NGOs) for the realization of the standards are also outlined, including monitoring procedures, technical assistance and other activities concerned with the protection and promotion of human rights. Finally, the presentation identifies UN institutions where human rights issues and procedures are debated and decided upon.

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