Advancing Global Business Ethics in China

Author(s):  
Ruth Wolf ◽  
Monica Thiel

This chapter presents China's global business outlook within an analysis of Corporate Social Responsibility (CSR) to reduce poverty through human welfare improvement. The chapter examines human rights within China's social, environmental, and economic resources domestically and globally. Although China's economic acceleration has been substantial, its inability to consistently observe and enforce international human rights laws and norms detracts from its economic success. This is not something that China can easily achieve due to challenges of social instability and increasing demographic problems stemming from a large population with diverse needs. The authors suggest ways to enhance human rights conduct according to the UN Guiding Principles in China and in other countries through responsible management education.

Author(s):  
Ruth Wolf ◽  
Monica Thiel

This chapter presents China's global business outlook within an analysis of Corporate Social Responsibility (CSR) to reduce poverty through human welfare improvement. The chapter examines human rights within China's social, environmental, and economic resources domestically and globally. Although China's economic acceleration has been substantial, its inability to consistently observe and enforce international human rights laws and norms detracts from its economic success. This is not something that China can easily achieve due to challenges of social instability and increasing demographic problems stemming from a large population with diverse needs. The authors suggest ways to enhance human rights conduct according to the UN Guiding Principles in China and in other countries through responsible management education.


Author(s):  
Christa Rautenbach

 Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.


2003 ◽  
Vol 4 (10) ◽  
pp. 1065-1080 ◽  
Author(s):  
Carolin F. Hillemanns

The United Nations Sub-Commission for the Promotion and Protection of Human Rights unanimously approved the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” (the Norms) on 13 August 2003. Together with the interpretative Commentary, the Norms constitute an authoritative guide to corporate social responsibility. They are the first set of comprehensive international human rights norms specifically aimed at and applying to transnational corporations and other business entities (companies). They set out the responsibilities of companies with regard to human rights and labor rights, and provide guidelines for companies in conflict zones. They prohibit bribery and provide obligations with regard to consumer protection and the environment. General provisions of implementation include the obligation to provide reparation for a failure to comply with the Norms.


2008 ◽  
Vol 113 (3) ◽  
pp. 347-374 ◽  
Author(s):  
EMILY F. CARASCO ◽  
JANG B. SINGH

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):  
Serges Djoyou Kamga ◽  
Ogehcukwu O Ajoku

Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.


From a Critical Social Policy perspective and with a Global Development remit, this book addresses a range of key questions regarding international human rights. With human rights constantly under challenge, this collection of chapters represent a comprehensive critique that adds a social policy perspective to recent political and legalistic analysis. Expert contributors draw on local and global examples to review constructs of universal rights and their impact on social policy and human welfare. With thorough analysis of their strengths, weaknesses and enforcement, it sets out their role in domestic and geo-political affairs. For those with an interest in social policy, ethics, development, politics and international relations, this is an honest appraisal of both the concepts of international human rights and their realities.


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