scholarly journals Development of International Human Rights Law in Business and Human Rights: Clarity and Effectiveness as 'Norms of Conduct' for Companies

Impact ◽  
2021 ◽  
Vol 2021 (3) ◽  
pp. 38-40
Author(s):  
Emi Sugawara
Keyword(s):  
Human Rights ◽  
Associate Professor ◽  
Theory And Practice ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Global Business ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
International Human

Businesses have a significant impact on the lives of their employees, consumers and local people, and it is important that their rights are protected. That is why there are laws in place to this effect. However, despite such laws, stakeholders' rights and freedoms are not always respected, and in some countries, these laws don't exist at all, which is why the UN Guiding Principles on Business and Human Rights addresses human rights abuses committed in global business operations. But there remains a gap between the theory and practice of business and human rights. Associate Professor Emi Sugawara, Osaka University of Economics and Law, Japan, is seeking to bridge this gap. To this end, her team of frontline researchers of international human rights is working to reassess clarity and effectiveness of international human rights law as 'norms of conduct' for companies through a theoretical consideration. Ultimately, the researchers want to fill knowledge gaps related to business and human rights and influence Japanese society, effecting positive change.

COVID-19, Business, and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 433-449
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Full Range ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Economic Problems ◽  
Business And Human Rights ◽  
Starting Point ◽  
Good Starting Point ◽  
International Human

Abstract COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised by the UN Guiding Principles on Business and Human Rights is “fit for the purpose” to deal with the COVID-19 crisis. I argue that while the UNGPs’ framework provides a good starting point, it is inadequate to bring transformative changes to overcome deep-rooted socio-economic problems exposed by this pandemic. Realising human rights fully would not only require harnessing the potential of states’ tripartite obligations, but also move beyond limiting the responsibility of businesses to respect human rights.

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

2017 ◽  
pp. 302-336
Author(s):  
Zafeiris Tsiftzis
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
International Human ◽  
The Right ◽  
Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.

scholarly journals Legalities Unbound?

2019 ◽  
Vol 7 (1) ◽  
pp. 57-88
Author(s):  
Helge Årsheim
Keyword(s):  
Human Rights ◽  
Theory And Practice ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Courts ◽  
International Human ◽  
Human Rights Norms ◽  
Domestic Level ◽  
Monitoring Practice

International human rights law (ihrl) has traditionally enjoyed an uneasy relationship with customary, religious, and indigenous forms of law. International courts and tribunals have considered these non-state forms of law to represent both structural and material challenges to the implementation of human rights norms at the domestic level. Over the course of the last decades, however, the theory and practice of human rights has increasingly started recognizing and accommodating multiple legal orders. This article traces the gradually increasing accommodation of legal pluralism in ihrl in the monitoring practice of four un human rights committees over a period of 20 years, looking in particular at the increasing recognition of religious forms of legality across the committees.

Book IV Multilateral Diplomacy, Human Rights, and International Organizations, 17 Human Rights

2016 ◽  
Author(s):  
Clooney Amal
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Speaking Out ◽  
The Media ◽  
International Human ◽  
Multilateral Diplomacy

This chapter provides a general overview of international human rights law as well as the diplomat’s role in upholding human rights. Every State that is a member of the United Nations has made a commitment to uphold human rights. Today, a State’s human rights record is routinely scrutinized by the UN and in the media, and compliance with human rights obligations can define a State’s reputation and relations with other States. Diplomats are also increasingly involved in speaking out on behalf of their State about human rights abuses, whether or not these are committed against the State’s own citizens. They are also expected to respond to allegations of human rights abuses levelled against their government.

Hostages and Human Rights

2021 ◽  
Author(s):  
Sofia Galani
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theory And Practice ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Critical Gap ◽  
International Human ◽  
Comprehensive Study

Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

scholarly journals Is All Fair in Distancing Human Rights from Customary International Law Rule on State of Necessity?

2020 ◽  
Vol 11 (3) ◽  
pp. 53
Author(s):  
Dmitry V. Krasikov ◽  
Nadezhda N. Lipkina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Basic Research ◽  
The State ◽  
Theory And Practice ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rfbr Grant ◽  
International Human

The international human rights law theory and practice traditionally follow the path of distancing human rights from the state of necessity under general international law. The existence of derogation clauses contained in major human rights treaties excludes the possibility for States parties to invoke the customary rule on necessity to excuse non-compliance with the obligations under such treaties (the narrow distancing approach). Presently, a broader distancing approach, covering human rights obligations outside the treaties’ derogation regimes, is evolving employing certain alternative grounds for departure from human rights obligations. The article argues that the way the broader distancing approach evolves raises doubts as to its conformity with its intrinsic rationale. To address this concern a due account should be taken of the pro homine reasoning for distancing human rights from the state of necessity. The present paper is a part of a larger project “Circumstances precluding wrongfulness of conduct: the analysis of functional role and applicability parameters in the framework of International Human Rights Law” supported by the Russian Foundation for Basic Research (RFBR Grant No. 18-011-00660).

Responsible Business Conduct and State Laws: Addressing Human Rights Conflicts

2020 ◽  
Vol 20 (4) ◽  
pp. 641-673
Author(s):  
Arianne Griffith ◽  
Lise Smit ◽  
Robert McCorquodale
Keyword(s):  
Human Rights ◽  
Business Practices ◽  
International Human Rights Law ◽  
Business Enterprise ◽  
Human Rights Law ◽  
International Human Rights ◽  
State Laws ◽  
Business And Human Rights ◽  
International Human ◽  
Business Enterprises

ABSTRACT The business and human rights framework is based on pillars in which states should act to protect against the human rights impacts of business enterprises and the business enterprises should act in ways that do not lead to human rights impacts. Yet there is a gap in this framework in situations where a business enterprise may be willing to act but faces challenges in doing so due to the laws and practices of a state in which it operates. This international framework nevertheless places an expectation on businesses that they should still respect international human rights law as far as possible in these circumstances. No methods are offered for how this can be done in any coherent manner. This makes it very difficult for business enterprises, regulators and civil society to determine the type of compliance required. In this article, we explore this gap in the international framework and, based on empirical research, offer ways in which it can be closed. We propose a typology to assist in understanding the different conflicts between business practices and state laws that may occur, and recommend methods as to how to deal with these conflicts.

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