Business and Human Rights: Decoupling Policy from Practice in the Oil and Gas Sector

2016 ◽  
Vol 2016 (1) ◽  
pp. 10675
Author(s):  
Tricia Olsen ◽  
Kathleen Rehbein ◽  
Michelle Karen Westermann-Behaylo

Significance The July 19 law’s limiting of the right of national self-determination in Israel to the Jewish people has angered the Arab minority and provoked international criticism, including comparisons to South Africa’s apartheid-era legislation. Impacts Human rights risks may deter some investors, particularly for high-profile or large-scale projects such as in the oil and gas sector. Projects in towns and cities with large Arab populations such as Jerusalem, Haifa, Jaffa and Nazareth will face particular scrutiny. To ward off criticism, compliance with the UN Guiding Principles on Business and Human Rights will be increasingly important.


2017 ◽  
Vol 2017 (1) ◽  
pp. 10774
Author(s):  
Kathleen Rehbein ◽  
Michelle Karen Westermann-Behaylo ◽  
Tricia Olsen ◽  
Annie C. Snelson-Powell

Author(s):  
Almut Schilling-Vacaflor

Abstract The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability.


2013 ◽  
Vol 6 (1) ◽  
pp. 2-66 ◽  
Author(s):  
R. Lindsay ◽  
R. McCorquodale ◽  
L. Blecher ◽  
J. Bonnitcha ◽  
A. Crockett ◽  
...  

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.


2020 ◽  
Vol 23 (9) ◽  
pp. 1064-1076
Author(s):  
O.V. Ovchar

Subject. Under rapid changes in the external economic environment, new forms and methods of State regulation of oil and gas industries, especially, improving the taxation and tax regulation instruments become relevant. Objectives. The study aims to provide an original interpretation of methods of improving the tax administration of major taxpayers in the oil and gas sector applied at the present stage. Methods. I employ normative and holistic approaches to examine taxation efficiency in the oil and gas sector, general scientific and special methods of scientific cognition, i.e. retrospective, system analysis, observation, classification, instrumental methods of grouping, sampling, comparison and synthesis, as well as evolutionary and dynamic analysis. Results. I consider basic problems and solutions in the sphere of tax administration of major taxpayers of Russian oil and gas industries. The paper offers a package of measures and recommendations aimed at improving the efficiency of tax regulation, underpins the applied approach to tax administration of organizations operating in the oil and gas sector. Conclusions and Relevance. Our country needs a comprehensive program for tax administration of the entire technological cycle: from upstream operations to full-scale import substitution of consumer goods.


Author(s):  
P. Sarwanto

Among other obligations imposed under the forestry permit, watershed rehabilitation planting is perceived by the upstream oil and gas sector as the most complex challenge to conquer. Despite its poor track in fulfilling timeline and required result, there are also other challenges to consider, for instance lack of critical location, weather, fire, land tenure, community habit and capability, and cost optimization. In attempt to respond these challenges, an innovation in management system is constructed at PT Pertamina Hulu Mahakam, embracing and tailoring all related challenges, difficulties, and complexities, escalating the activity to be beyond compliance. So that it will be able to deliver more than merely avoid the identified potential risks towards company. The management system, called PIRAMIDA TINGGI (Pemberdayaan Masyarakat untuk Melestarikan Hutan di Dunia demi Ketahanan Energi Nasional), actively involves government, community, and business sector as equilateral triangle that work together to perform watershed rehabilitation planting. Developed using ISO 9001:2015 process approach namely PDCA (Plan-Do-Check-Act), the PIRAMIDA TINGGI system is in line as well with NAWACITA (President Joko Widodo’s vision, mission and program). To encounter other issue found during field work, this system is equipped as well with another innovation tool named PARIDA, a geospatial mobile-desk top-web application that easily able to map and identify vegetation in real time for further geo-analyzing multi-purposes, to be operated by local community. Full set implementation of this system has benefitted all parties. To Company in form of significant cost efficiency around 13.9 MUSD and 7 days’ faster result delivery besides obligation fulfillment, for others in form of broader advantage of proven sustainability project that has gave contribution to 5P (People, Planet, Prosperity, Partnership and Peace), objectives required by UN Sustainable Development Goals 2030.


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