scholarly journals Companies’ human rights compliance: the EU integrated approach to support the duty to assess and address human rights related risks of business activities

2019 ◽  
Vol 3 (2) ◽  
pp. 57-71
Author(s):  
Marta Gatti

The purpose of this article is, on the one hand, to describe EU support of the adoption of a corporate social responsibility policy by EU undertakings, both within and outside the EU borders. On the other hand, this article will focus on the most recent developments in the field of human rights reporting at national level and, in particular, on the French commitment to implement mechanisms to prevent infringements on human rights across the supply chain.

2021 ◽  
Vol 73 (1) ◽  
pp. 58-86
Author(s):  
Dragan Trailovic

The article explores the European Union's approach to human rights issues in China through the processes of bilateral and multilateral dialogue on human rights between the EU and the People's Republic of China, on the one hand. On the other hand, the paper deals with the analysis of the EU's human rights policy in the specific case of the Xinjiang Uyghur Autonomous Region, which is examined through normative and political activities of the EU, its institutions and individual member states. Besides, the paper examines China's response to the European Union's human rights approaches, in general, but also when it comes to the specific case of UAR Xinjiang. ?his is done through a review of China's discourse and behaviour within the EU-China Human Rights Dialogue framework, but also at the UN level and within the framework of bilateral relations with individual member states. The paper aims to show whether and how the characteristics of the EU's general approach to human rights in China are reflected in the individual case of Xinjiang. Particular attention shall be given to the differentiation of member states in terms of their approach to human rights issues in China, which is conditioned by the discrepancy between their political values, normative interests and ideational factors, on the one hand, and material factors and economic interests, on the other. Also, the paper aims to show the important features of the different views of the European Union and the Chinese state on the very role of Human Rights Dialogue, as well as their different understandings of the concept of human rights itself. The study concluded that the characteristics of the Union's general approach to human rights in China, as well as the different perceptions of human rights issues between China and the EU, were manifested in the same way in the case of UAR Xinjiang.


2018 ◽  
Vol 20 (2) ◽  
pp. 116-128 ◽  
Author(s):  
Katharina Eisele

In March 2012, the European Commission adopted a Communication on the external dimension of EU social security coordination. On the one hand, the Commission explained that social security coordination between the EU and rest of the world is dealt with at a national level. On the other hand, the Commission argued that a common EU approach to social security coordination with third countries was under development. This common EU approach to social security coordination consists of a number of elements. One element relates to Association Agreements and Stabilisation and Association Agreements. These Agreements and specific Decisions taken by Association Councils (established by such Agreements) stipulate rules, which govern social security coordination for workers and their families, who move between the EU and the associated country. According to the Commission, once the Association Council Decisions are adopted, the common EU approach to social security coordination will be implemented. Six years after the publication of the 2012 European Commission Communication, questions arise as to whether or not the Association Agreements have been implemented, and the reasons for this. This article seeks to examine and contrast selected Association Agreements and Stabilisation and Association Agreements (SAAs), which provide social security rules for the nationals of the contracting parties. These will include the Ankara Agreement concluded with Turkey, the Euro-Mediterranean Agreements with Algeria, Morocco and Tunisia, and the SAAs with the Balkan countries. The aim of this article is to provide an overarching overview of the different legal positions that third-country nationals may rely on, based on their nationality, and to explore whether or not Association Agreements have been implemented in terms of social security coordination rules.


Organization ◽  
2013 ◽  
Vol 20 (3) ◽  
pp. 416-432 ◽  
Author(s):  
Carl Cederström ◽  
Michael Marinetto

This article explores the ‘liberal communist’, a conceptual and satirical figure originally elaborated in the work of Slavoj Žižek (2008). The liberal communist claims (1) that there is no opposition between capitalism and the social good; (2) that all problems are of a practical nature, and hence best solved by corporate engagement and (3) that hierarchies, authority and centralized bureaucracies should be replaced by dynamic structures, a nomadic lifestyle and a flexible spirit. This analysis of the liberal communist has at least two implications for research on CSR. First, it examines the ideological role of CSR by moving beyond a propaganda view, instead offering an ideological reading that focuses on the ways in which CSR seeks to obliterate any existing contradictions between ‘philanthropic actions’ on the one hand and ‘profit-seeking business activities’ on the other hand. Second, it demonstrates how critique is not necessarily what corporations seek to avoid, but something that they actively engage in.


2020 ◽  
Vol 7 (3) ◽  
pp. 349-369
Author(s):  
Felix Heiduk

To make sense of the EU’s rocky relationship with Myanmar, we need to consider how Myanmar’s political leadership is imagined in Europe. For decades, this image was bifurcated: on the one hand a military junta with its disdain for democracy and human rights. On the other hand, Aung San Suu Kyi (ASSK), ‘our’ saint-like Burmese ‘Nelson Mandela’, detained but still fighting for democracy and human rights. As a result, Brussels implemented a tough sanction regime and essentially assigned Myanmar pariah status. When Suu Kyi re-joined the formal political process in 2012 and won the 2015 elections, Myanmar rapidly transitioned from pariah to partner. Fast forward to 2017 and relations between the EU and Myanmar had soured again because of the Rohingya crisis and Suu Kyi’s ‘deafening silence’ on the issue. The article argues that to understand this rollercoaster ride of EU–Myanmar relations one must turn to the imagery of Suu Kyi in Europe. The strong cognitive dissonances, created by the widening gap between the imagined ‘saint’ ASSK and the realpolitik ‘sinner’, have impacted on the EU’s relations with Myanmar and can help us make sense of the recent turbulences in the relationship.


2011 ◽  
Vol 7 (2) ◽  
pp. 139-179 ◽  
Author(s):  
Karin Buhmann

AbstractThis article analyses the EU Commission's policy-based approach to regulating Corporate Social Responsibility (CSR) and the role of international human rights law as a normative source for the regulatory output in two initiatives launched in 2002 and 2006. The article argues as a starting point that the understanding of CSR as ‘beyond law’ tends to shroud the contributions that international human rights law and legal theory based regulatory technique lend to CSR normativity and regulation, not only outside the EU but also within. The EU experience shows that due to power relations and their impact on multi-stakeholder negotiations and their outcome, this potential does necessarily unfold. It also shows that the procedural design of reflexive multi-stakeholder regulatory processes is significant for bringing forth the normative contributions of international law to CSR in public–private regulation. Finally, the article suggests that within the public policy context in which EU CSR regulation is emerging, the normative role of international human rights law which the Commission suggests for CSR in Europe and the application of the reflexive regulatory technique contribute to a substantive as well as procedural juridification of CSR, especially in the formative stage of defining CSR normativity. The latter adds a significant new perspective to the understanding of CSR and its relation to law, although it need not conflict with the understanding of CSR being ‘voluntary’ in the sense of action beyond direct legal obligations.


Author(s):  
Luciano Fanti ◽  
Domenico Buccella

AbstractIn a duopoly network industry with decentralised union wage setting, this paper studies the impact of the firms’ engagement in consumer-friendly corporate social responsibility (CSR) on profitability and welfare. It is shown that, regardless of whether the wage setting occurs prior to or after the choice of the CSR levels, being a CSR-type firm rather than a simple profit-maximiser can lead to larger profits and thus higher welfare for their owners/stakeholders. However, the welfare analysis reveals that there is always conflict of interest between the firms’ owners on the one side and consumers, unions, and society on the other side, with respect for the timing of the decision about CSR relative to that of the wage setting.


2017 ◽  
Vol 61 (1) ◽  
pp. 105-130 ◽  
Author(s):  
Nojeem Amodu

AbstractIt is usually assumed that there is sufficient legislation to regulate the Nigerian business community and combat corporate irresponsibility and that the challenge lies in lackadaisical enforcement by regulators. This article queries this assumption and analyses the corporate social responsibility (CSR) regulatory landscape in corporate Nigeria. It depicts a bleak picture of weak regulation, faulty legal transplantation of foreign principles, a lackadaisical attitude to enforcement, double operational standards from multinational enterprises, and incoherence and policy disparity between CSR regulatory provisions in primary legislation on the one hand and their subsidiary laws on the other. It argues that the challenge lies in faulty and disjointed legislation grossly undermined by fallacious legal transplantation. The article concludes by offering an agenda for the harmonization of the disjointed CSR framework in highlighted primary and subsidiary legislation, in line with best international standards.


2005 ◽  
Vol 6 (10) ◽  
pp. 1381-1406 ◽  
Author(s):  
Justice Nwobike

The Africa Caribbean Pacific–European Union (ACP-EU) Development and Trade Cooperation Relationship is currently regulated by the Cotonou Partnership Agreement. This agreement, which has been described as “the only one of its kind in the world” is based on the three pillars of politics, trade, and development between the EU and its Member States on the one hand and a group of developing countries on the other.


2020 ◽  
Vol 19 (3) ◽  
pp. 391-412
Author(s):  
Umut Korkut ◽  
Andrea Terlizzi ◽  
Daniel Gyollai

Abstract This article analyses the humanitarianism and securitisation nexus in effect to migration controls in Italy and Hungary. Noteworthy for our purposes is how the humanitarian discourse is undervalued as the EU border states emphasise either full securitisation or else securitisation as a condition for humanitarianism when it comes to border management and refugee protection measures. Our goal is to trace, on the one hand, how politicians conceptualise humanitarianism for the self and for the extension of the self; and, on the other, how they subscribe to humanitarianism for the other as long as the other follows what the self demands. Reflecting on the institutional and discursive nexus of humanitarianism and securitization in effect to migration controls, we trace political narratives of Europeanisation geared to affect the public. We refer to how securitisation challenges humanitarianism while undervaluing human rights for the other and foregrounding human rights for the self.


Author(s):  
Jan Wouters ◽  
Michal Ovádek

This chapter evaluates the language and concepts surrounding human rights in the EU. It begins by investigating the dichotomous language of ‘human’ and ‘fundamental’ rights. Even a brief look at the EU Treaties makes immediately clear that both ‘human’ and ‘fundamental’ rights are mentioned in various parts of the text, most often as part of references to, on the one hand, the European Convention on Human Rights and Fundamental Freedoms and the EU Charter of Fundamental Rights, on the other. What is less obvious from reading the Treaties is whether there is in fact a difference between the two terms or whether they are synonymous. The chapter then highlights the human rights narratives the EU tells about itself. It also looks at the close relationship of human rights with the associated concepts of the rule of law and democracy, both generally and in the EU context.


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