The eu “Conflict Minerals Regulation”: Potentialities and Limits in the Light of the International Standards on Responsible Sourcing

2018 ◽  
Vol 27 (1) ◽  
pp. 235-257 ◽  
Author(s):  
Valentina Grado
Keyword(s):  
Human Rights ◽  
Mineral Resources ◽  
International Standards ◽  
Due Diligence ◽  
Conflict Zones ◽  
Human Rights Abuses ◽  
Conflict Minerals ◽  
Risk Areas ◽  
The Eu ◽  
Responsible Sourcing

Business enterprises involved in the exploitation of mineral resources originating from conflict zones are at risk of financing armed activities and fuelling systematic violations of international law and human rights abuses. This article first analyses the initiatives developed by the UN and OECD aimed at encouraging companies to respect human rights and avoid contributing to conflict by adopting “supply chain due diligence” practices. Second, it focuses on a recent Regulation adopted by the EU to tackle trade in certain minerals sourced from conflict-affected and high-risk areas in order to highlight its main positive aspects and challenges and, at the same time, to ascertain whether and to what extent this new legislation is consistent with the UN/OECD international standards on responsible sourcing.

scholarly journals The European Union and natural resources that fund armed conflicts: Explaining the EU’s policy choice for supply chain due-diligence requirements

2018 ◽  
Vol 54 (3) ◽  
pp. 407-425 ◽  
Author(s):  
Martijn C Vlaskamp
Keyword(s):  
Supply Chain ◽  
Natural Resources ◽  
Policy Design ◽  
Armed Conflicts ◽  
Due Diligence ◽  
The European Union ◽  
Conflict Zones ◽  
Resource Governance ◽  
Conflict Minerals ◽  
The Eu

Natural resources can be an important source of funding for warring parties in armed conflicts. Curbing the trade in these so-called conflict resources is, therefore, part of the European Union’s conflict management policies. The article explores the EU’s policies in this field and asks, specifically, why the EU is using supply chain due-diligence measures to achieve this goal. The author argues that they are the response to enforcement problems of most existing multilateral and unilateral sanction regimes because of state weakness in the targeted regions. This approach results from a broader idea from the EU that transparency can improve resource governance and, therefore, safeguard both its political and economic interests in conflict zones, such as the eastern Democratic Republic of the Congo. However, when the issue becomes specific—as in the EU Conflict Minerals Regulation—translating this idea into concrete policies becomes more contentious as the EU institutions set different priorities for the final policy design.

THE PITFALLS OF UNILATERAL LEGISLATION IN INTERNATIONAL LAW: LESSONS FROM CONFLICT MINERALS LEGISLATION

2020 ◽  
Vol 69 (3) ◽  
pp. 685-717
Author(s):  
Phoebe Okowa
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Civil Disobedience ◽  
The United States ◽  
Conflict Zones ◽  
Human Rights Abuses ◽  
Conflict Minerals ◽  
Meaningful Participation ◽  
The Right ◽  
The Eu

AbstractThis article examines the compatibility of the extraterritorial application of unilateral legislation with the project of international law. Focusing on two instruments, the Dodd-Frank Act passed by the United States Congress and intended to regulate the activities of US listed companies operating in the Congo and the EU conflict minerals legislation, the article challenges their underlying premises that revenues from natural resources perpetuate conflict and resulting human rights abuses. In so far as these instruments make no provision for meaningful participation by the foreign populations which are the objects of legislation, it is argued that there is a tension between these unilateral instruments and the basic premises of law-making in international law as a democratic enterprise centred around governmental representation. By exclusively directing sanctions and other disciplinary measures at rebels, both legislative instruments have the problematic effect of strengthening the exploitation of natural resources by kleptocratic regimes and undermining the right of populations in conflict zones to civil disobedience as an inescapable component of their right of self-determination.

scholarly journals International Trade in Conflict Minerals: Solutions for the EU Regulatory Framework

2015 ◽  
Vol 7 (28) ◽  
pp. 620-629
Author(s):  
Zuzana Silná ◽  
Zuzana Kittová
Keyword(s):  
International Trade ◽  
High Risk ◽  
External Action ◽  
Wall Street ◽  
Conflict Minerals ◽  
The Us ◽  
Legislative Proposal ◽  
Risk Areas ◽  
The Eu ◽  
Responsible Sourcing

Abstract International trade in minerals, particularly tin, tungsten, wolfram, and gold, from conflict- affected or high-risk areas can have significant implications on intensifying and perpetuating the conflicts. It occurs that illegal mines are run by armed groups. As a result, minerals acquired from such sources provide financial means to armed movements and support the conflict. In this respect, several international and national regulatory frameworks for responsible sourcing have been established. The most important international initiative is the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, which provides importers with voluntary guidelines for responsible sourcing policy. In addition, the US passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010. Section 1502 of the Dodd-Frank Act lays down the rules for responsible sourcing that are compulsory for any company listed on the US stock exchanges. Following to these initiatives and further public consultations, the European Commission and the European External Action Service introduced a proposal for a comprehensive EU policy focused on responsible sourcing of conflict minerals. The package consists of a legislative proposal laying down rules for self-certification of responsible importers, as well as of additional measures providing for support for SMEs and incentives for importers of conflict materials. The aim of this paper is to analyse the legislative proposal and discuss its possible implications given the fact that the EU legislation should be compatible with standing frameworks.

A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an Example

2021 ◽  
Vol 11 (1) ◽  
pp. 73-87
Author(s):  
Luis Miguel Vioque
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Soft Law ◽  
Due Diligence ◽  
Conflict Minerals ◽  
Hard Law ◽  
The Eu

In recent years, the international community has adopted standards aimed at encouraging States to promote the development and implementation of human rights compliance programmes by companies. This has been the case for conflict minerals, where soft law recommendations have been translated into a European Union (EU) hard law standard that sets out several due diligence obligations for importers of certain minerals or metals. This article will examine the origin of the EU Conflict Minerals Regulation and outline the type of compliance and due diligence obligations imposed on EU importers. It also reflects on the role of criminal law as a means of sanctioning the most serious violations of these new due diligence obligations such as traceability and transparency.

scholarly journals The EU Whistleblowing Directive: An Opportunity for (Operationalizing) Corporate Human Rights Grievance Mechanisms?

2021 ◽  
Author(s):  
Juho Saloranta
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Due Diligence ◽  
Top Down ◽  
Human Rights Abuses ◽  
Eu Member States ◽  
Business And Human Rights ◽  
Corporate Social ◽  
Human Rights Due Diligence ◽  
The Eu

AbstractDespite being an internationally accepted corporate social responsibility framework, the United Nations Guiding Principles on Business and Human Rights have not managed to provide victims of corporate human rights violations with access to remedy. The European Commission has announced plans to introduce an EU-level human rights due diligence directive which may include corporate grievance mechanisms. This article considers potential synergies between the planned directive and the mechanism laid down in the Whistleblowing Directive. Three issues are highlighted. First, stakeholders usually face retaliation after making a complaint about human rights abuses in a company’s operations. By setting formal levels of protection against retaliation, the Whistleblowing Directive offers a regulatory framework to change this reality. Second, conducting effective human rights due diligence must be based on meaningful consultation with all relevant stakeholders. If companies approach this issue in a top-down manner using auditing firms, they risk non-compliance with human rights due diligence requirements. Therefore, the legislation should include corporate grievance mechanisms to match remedies with victims’ expectations. Third, in terms of corporate grievance mechanisms, victims often lack resources to participate in them in a fair and respectful manner. This requires EU Member States to use their legislative power to lay down regulations that effectively enhance cooperation and coordination with independent monitoring bodies. To enhance the development as to access to remedy, the Whistleblowing Directive offers synergies through which to achieve greater accessibility, transparency, and victim empowerment. Corporate grievance mechanisms, facilitated by the Whistleblowing Directive, could take this a step further.

Corporate Liability Design for Human Rights Abuses: Individual and Entity Liability for Due Diligence

2020 ◽  
Author(s):  
Nick Friedman
Keyword(s):  
Economic Theory ◽  
Human Rights ◽  
Policy Implications ◽  
Global Supply Chains ◽  
Due Diligence ◽  
Human Rights Abuses ◽  
Human Rights Norms ◽  
Corporate Liability ◽  
Human Rights Due Diligence ◽  
Individual Human

Abstract In this article, I critically review the economic theory of corporate liability design, focusing on the allocation of liability between a corporation and its individual human agents. I apply this theory to transnational commercial contexts where human rights abuses occur and assess the likely efficacy of some putative liability regimes, including regimes requiring corporations to undertake human rights due diligence throughout their global supply chains. I advance a set of general considerations justifying the efficacy of due diligence in relation to alternative liability regimes. I argue, however, that due diligence regimes will likely under-deter severe human rights abuses unless they are supported by substantial entity-level sanctions and, in at least some cases, by supplementary liability for individual executives. The analysis has significant policy implications for current national and international efforts to enforce human rights norms against corporations.

The EU and Extraterritorial Obligations Concerning Human Rights

2019 ◽  
Vol 8 (2) ◽  
pp. 275-285
Author(s):  
Ana Manero Salvador
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Relations ◽  
Impact Assessment ◽  
Due Diligence ◽  
Treaty Of Lisbon ◽  
Human Rights Impact Assessment ◽  
The Eu

The Treaty on European Union prescribes that the Union will promote its principles and values in international relations. Though the scope of the obligations foreseen by the treaty remains unclear, some aspects are becoming clearer, especially with regard to due diligence and the need for human rights impact assessment. Presently, it is generally recognised that actions with extraterritorial effects will undoubtedly be linked to these principles and values, and more specifically to human rights. This paper provides an analysis from current praxis of the scope of these obligations, including a description of the implications of the Treaty of Lisbon and developments that have taken place since it came into force.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law

2019 ◽  
Vol 3 (2) ◽  
pp. 277 ◽  
Author(s):  
Su Yin Htun
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
International Standards ◽  
Legal Analysis ◽  
Human Rights Abuses ◽  
Communal Violence ◽  
Legal Reforms ◽  
The Law ◽  
The Government ◽  
The Right

It is universally accepted that everyone has the right to citizenship. Myanmar’s framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on jus sanguinis or the law of blood. Myanmar’s Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act of 1948. As citizenship parameters were changed by the Law, many people in the Kachin, Karen, and Rakhine states lost their nationality rights and consequently suffered human rights abuses. In the Rakhine state, serious communal violence occurred in 2012, 2016, and 2017, and the government declared a state of emergency. This research paper focuses on how Myanmar can adhere to international standards for nationality rights. It provides a historical overview and legal analysis of citizenship laws in Myanmar using a human rights lens and offers suggestions for legal reforms that can help address the problem of statelessness in Myanmar. Specifically, it recommends the use of the jus soli, or the law of the soil, approach to citizenship.

Migration will shape Eritrea's foreign relations

2016 ◽  
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Foreign Relations ◽  
Large Scale ◽  
Content Type ◽  
Human Rights Abuses ◽  
Un Security Council ◽  
The Eu

Significance Large-scale emigrations of Eritreans factor into Asmara's foreign relations. Eritrean migration is more than a humanitarian concern; it is shaping relationships with the EU and neighbouring states. Impacts Anti-migration funding may strengthen Eritrean-Sudanese relations but increase tensions with Ethiopia. Additional reports of human rights abuses could deter European support, but immigration concerns may take precedence. Ethiopia's election to the UN Security Council will restrict any progress Asmara hopes to make within the UN.

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