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“#morelove. always”: Reading Smokii Sumac’s Transmasculine First Nations Poetry on and beyond Social Media
Get PDFIn this article I explore the ways that Sumac creates a two spirit transmasculine role for the 21st century within such an environment. I begin by looking at the cultural implications of Sumac’s choice of cover images as a way to situate Sumac among his trans* poetry peers, and use this as the springboard to a discussion of Sumac’s use of social media tropes, particularly hashtags, that situate his poetry as the product of a specifically digital environment. This, I argue is simultaneously a welcoming space for trans* and Indigenous people to find community and develop communal identities unaffected by physical distance, and also a space that carries particular dangers not only for both groups, but also for creative artists, in its flattening of affect. Finally, I look at the poet’s use of natural environments and images, and the ways that these function to balance and indigenize a shifting and uncertain digital no-space
“You Can’t Be an NDN in Today’s World:” : Tommy Pico’s Queer NDN Epic Poems
Get PDFKumeyaay writer Tommy Pico's four books of poetry are described as epics, a usually masculinist and heteropatriarchal genre. Although there is a queer part of American epics, Pico rejects slotting himself too easily into the epic because they are integral to the founding or originary literary land claims of countries to justify empire. Pico’s epics are Indigenous and queer, meaning his poems don’t conveniently fit into the western epic tradition. He asserts his presence as a queer NDN, daring the reader / audience / literary establishment to deny that the stories of a queer NDN are of great national importance. Instead, he creates new Kumeyaay bird songs, epic sung travelogues of how the Kumeyaay people came to be as a queer urban NDN. 
Coeval Worlds, Alter/Native Words: Healing in the Inuit Arctic
Get PDFSplit Tooth (2018) is the debut novel of the Indigenous Inuk throat singer and artist Tanya Tagaq. Being an Indigenous Inuit literary work, the novel stands out notably for its plasticity in terms of form, style, narrative registers and aesthetic techniques. Indeed, it brings together prose, poetry, illustrations, Indigenous Inuit ontologies and epistemologies, Tagaq’s own memoir, and what she calls “non-fiction, embellished non-fiction and pure fiction” (Qtd in Mike Doherty 2018). Nevertheless, the author gives no indication of when the fiction ends and the non-fiction and memoir begin. In fact, the novel shows a nonconformity neither to those western literary genres of realism, fantasy or science fiction, nor to experimental literary categories of magical realism, speculative fiction, and imaginative literature; instead, it presents itself as what the Cherokee scholar Daniel Heath Justice terms Indigenous “wonderworks.” In his landmark study Why Indigenous Literatures Matter (2018), Justice writes: “Indigenous wonderworks are neither strictly ‘fantasy’ nor ‘realism,’ or maybe both at once or something else entirely, though they generally push against expectations of rational materialism” (155). Indigenous wonderworks, Justice explains, are grounded in Indigenous peoples’ cultural specificities and experiences, allowing for the resurgence and the recovery of Indigenous, ontologies, epistemologies, and politics that have long been dismissed by colonial discourses and narratives (154). In this paper, I approach Tagaq’s novel as an Indigenous wonderwork that provides a vigorous critique of the colonial capitalist modernity and its destructive “development” from which Indigenous Inuit peoples of Canada suffer and the ecological disasters provoked by resource extraction and global warming brought about by global capitalism and, in particular, Canadian capitalist expansionism in the Arctic region. I endeavour to examine the way in which Split Tooth mobilises, inter alia, a panoply of phantasmagoria and anthropomorphism as well as non-human agencies that pertain to Indigenous Inuit worldviews to capture the violence and the ecological impact of oil extraction in Nunavut where the novel is set
CLOSING THE GAP: Bridging the Conceptual Gap between Multinational Corporations and Human Rights
Get PDFIn this dissertation I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyse the resulting conceptual gap that created tensions in the international legal order. Despite attempts by developing countries to alleviate this imbalance through the New International Economic Order (NIEO), a multitude of soft law initiatives and the reluctance to address human rights issues in MNCs at the level of the United Nations failed to make MNCs incorporate human rights standards in their operations. The merging of the two concepts became increasingly more challenging throughout the 70s and 80s when the world was faced with the oil crisis and the rise of neoliberalism. This shift in the global legal architecture forced the Third World to take a new approach to tackle the conceptual gap, this resulted in the emergence of the Third generation of human rights and ultimately, the concept of Corporate Social Responsibility (CSR). CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. CSR presented a platform for global soft law initiatives to minimise the conceptual gap they had created over throughout the preceding decades. This allowed people such as John Ruggie to develop the Guiding Principles, the most successful initiative to date. This dissertation will provide its readers with a fruitful understanding of the crucial role that international law played in this development and further, what implications this had on the political and economic level.
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Introduction
In the words of Sundhya Pahuja and Anna Saunders, the second half of the twentieth century staged a ‘series of encounters between rival practices of world making, each of which travelled with rival accounts of international law’.[1] Anti-colonial disputes, the Cold War, the rise of developmental issues and the increasing popularity of neoliberalism are only some of the events that generated these competing views of the international legal order. These events brought different coalitions across the Global North and Global South, and different ‘alliances of interest between ‘public’ and ‘private’ actors’.[2] At the heart of the system that emerged lie two fundamental elements: the modern multinational corporation and human rights. How to conceptualize multinational corporations (MNCs) and how to define their relation to the law and the State was part of these rival stories.
In this paper I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyze the resulting conceptual gap that created tensions in the international legal order. In particular, I examine how this encounter, which became evident as calls for a New International Economic Order (NIEO) were being advanced within the UN, came to produce the idea of ‘Corporate Social Responsibility’ (CSR). I show that CSR emerged from the failure of the NIEO, particularly in relation to the roles and responsibilities of private actors in the global economy and how this can be traced to the limits of initiatives addressing the tensions between human rights claims and the interests of multinational corporations. In so doing I provide an understanding of the crucial role that international law played in this development and the implications this had at the political and economic level.
The first section of this essay examines the lack of direct use of human rights language in the UN literature focusing on MNCs and their role in world development from the 1960s to the 1970s. This includes an analysis of the report entitled ‘Multinational Corporations in World Development’.[3] I demonstrate the emphasis and enthusiasm for multinational corporations displayed at the level of the United Nations and how the concepts of the corporation and human rights were kept separate due to their respective supporters during the Cold War. I then focus on the attempts by the Organization for Economic Co-operation and Development (OECD), the International Labor Organization (ILO) and the ‘Group of 77’ (G77) to bridge this conceptual gap through the imposition of policies and initiatives, though without major success.
The second section analyzes the influence of the oil crisis and the rise of neoliberalism on the shift of the global legal architecture, ultimately promoting the birth of the new developmental state. Here concern is with the new legal structures’ attempt to merge the concepts of multinational corporations and human rights through a third generation of human rights, [4] and I engage in theoretical approaches by legal scholars such as Samuel Moyn and Antonia Darder.
In the third section investigates the concept of Corporate Social Responsibility (CSR) and analyzes its application and limitations. CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. I demonstrate how CSR aspired to close a gap between human rights and corporate action in a way that would harmonize them through a multitude of soft law initiatives. This leads to the question of whether direct regulations can apply to MNCs under international law and a discussion of the UN Global Compact, at the time the world’s largest and most far-reaching CSR initiative.[5] Finally, this paper closes with the most recent developments in the global legal order designed to tackle the conceptual gap between MNCs and human rights, namely through the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises[6] and the development of the Guiding Principles.
Dawn of co-existence
The United Nations lies at the heart of the international regime with its normative, institutional and procedural human rights activities.[7] By adopting the Universal Declaration of Human Rights in 1948, the UN created a milestone document in the history of human rights. The Declaration has had an enormous influence on the world both in terms of ‘spreading the philosophy of human rights, and in terms of inspiring legal texts and decisions’.[8] New states have used the Declaration as a basis for their constitutions, while domestic and international courts have invoked the Declaration in their judgments.[9] As human rights law developed, the International Covenant on Economic, Social and Cultural Rights, followed by the International Covenant on Civil and Political Rights, were both drafted under the auspices of the United Nations, adopted in 1966 and entered into force in 1976. Together, these three instruments make up the ‘International Bill of Human Rights’.[10]
Throughout the 1960s and 1970s, the world became a stage for global changes that altered the legal order. The end of colonialism dawned in the Global South, and during the height of the Cold War the West faced the Soviet Bloc and its mission of ‘exporting revolution’.[11] Leaders of nationalist resistance movements received military as well as financial aid from the Soviet Bloc which intensified anti-colonial mobilization for self-determination.[12]
Simultaneously, globalization was increasing rapidly, with multinational corporations emerging onto the global scene with heightened awareness of their existence as an entity with legal personality. As outlined by Sornarajah, their distinct bases of power allowed them to assert their interests through the law. With economic resources often exceeding those of their host state, MNCs had the ability to sculpt and manipulate legal outcomes through arbitration processes concerning foreign investment protection. This was done by exerting lobbying pressure on a host state which might be reluctant or even unable to object to the activities of MNCs.[13]
The ‘Multinational Corporations in World Development’, report drafted by the UN Secretariat's Department on Economic and Social Affairs in 1973, considers ‘the role of multinational corporations and their impact on the process of development, especially that of developing countries [...] [and] international relations’.[14] From the outset, the Report identifies the emerging phenomenon of the MNC in international economic affairs, how its size and spread has increased, and identifies the wide array of its activities and its use of natural resources which ‘rival traditional economic exchanges between nations’.[15] It is surprising therefore, that a Report from the Department on Economic and Social Affairs, does not contain the term ‘human rights’ throughout the entire document.
In the Report’s introduction the UN makes a clear distinction between the differing views of impacts MNCs have on host countries. While ‘depicted in some quarters as key instruments to maximizing world welfare, [they] are seen in others as dangerous agents of imperialism’.[16] The fact the United Nations recognized the potential neo-colonial nature of multinational corporations further highlights the need for guidance on human rights violations by MNCs. Yet the Report’s reluctance to engage in the area of human rights provides a first glimpse into the divergence of the concepts of multinational corporations and human rights.
An explanation for this can be identified by analyzing the Conventions, on Civil and Political Rights and on Economic, Social and Cultural Rights, with the UN’s reluctance to avoid tensions between the supporters of both Conventions, respectively the United States and the Soviet Union. The US pushed for the development of civil and political rights, reflecting the protection of the freedom and liberties of individuals. Stemming from a Western philosophy, John Locke identified that in a ‘state of nature’ humans had ‘natural rights’ including the right to life, liberty and property. Similarly, French legal philosophers such as Rosseau, Montesquieu and Voltaire argued that such rights emerge from the inherent nature and virtue of man.[17] As Joseph and Castan argue, ‘natural rights theories were highly influential [...] particularly in the revolutionary fervor of the United States’.[18] The advancement of civil and political rights reflects the capitalist ideology of the United States, conforming to the libertarian nature of Western capitalist societies.[19]
In contrast, the Soviet Union pushed for the advancement of economic, social and cultural rights. These included the right to work, the right to an adequate standard of living, and the right to physical health. Contrary to the civil and political rights, these rights were based on the idea of equality, one deeply rooted in the political ideology of socialism. As the US would not commit to a proposition that there is a right to social goods, the US has never ratified this Convention.[20] The Soviet Bloc promoted the right of self-determination by providing military and financial aid to indigenous political activists in their fight for independence; an idea enshrined in Article 1 of the Covenant which states that: ‘All peoples have the right to self-determination’.[21] For the Soviets ‘national self-determination was an adjunct to revolutionary communism’.[22] They envisioned self-determination as the tool for the transition from dismantling a colonial empire to establishing a socialist state.[23]
However, while the United Nations was reluctant to adhere to human rights in the framework of multinational corporations, other international institutions were motivated to develop this area. The OECD attempted to impose human rights on MNCs by adopting the Guidelines for MNCs (hereinafter ‘OECD Guidelines’) in 1976.[24] These were ‘voluntary recommendations for business practices relating to human rights, disclosure of information, anti-corruption, labour relations, taxation, the environment and consumer protection’.[25] The Guidelines were intended to strengthen the international investment climate by improving the relationship and confidence between MNCs and host countries. National Contact Points (NCPs) were created that bore the responsibilities of enforcing and promoting the Guidelines, and any natural person could make a claim related to the violation of the Guidelines.[26] This aspect of the Guidelines provided an enforcing mechanism accessible to the public. But although the Guidelines were formally adopted by member states as a corporate responsibility instrument, they were subject to widespread criticism in the international legal order. As explained by Cernic, the Guidelines are ambiguous while the NCPs are limited in their influence on host states. Even though they outlined the need to respect human rights, the obligations were not framed in mandatory terms.[27]. Since the Guidelines lacked legal basis, the OECD was unable to assert sanctions on non-compliant corporations, and critics labeled them weak and ineffective. However, it was the intention of the OECD to guide rather than to legislate, because they saw voluntary versus legally binding standards as less of a dichotomy and more a continuum.[28] Although voluntary, corporations would be under scrutiny and potentially harm their reputation if they violated the Guidelines.[29] Yet, the Guidelines were hardly successful in the international legal order.
A year later, in 1977, the ILO attempted to bridge this gap by adopting the Tripartite Declaration of Principles Concerning MNCs and Social Policy. These also attempted to ‘encourage the positive contribution the MNEs can make to economic and social progress’.[30]. Article 8 emphasizes the respect for the Universal Declaration and the International Covenants. However, its voluntary and non-binding nature, as well as its weak monitoring process made this instrument as frail as the OECD Guidelines.[31]
The lack of responsibility and perseverance stemming from international organizations and their disappointing attempt at bridging the gap between multinational corporations and human rights forced national and regional change. On the one hand, developing nations began taking matters into their own hands. To portray unity and solidarity throughout the ‘Third World’ the G77 coalition, formed in 1964 by developing member countries with the primary intention of promoting its members’ economic and humanitarian interests through cooperation at the level of the United Nations, took a strong initiative. In the late 1970s the Group expressed its concern at the ‘imbalance of negotiating power between TNCs [transnational corporations] and their host countries and inability on the part of the latter to control the activities of the TNCs within their territories’.[32] Simultaneously, home countries wanted to ensure their investments abroad would be protected, ‘specifically from expropriation without a commitment to compensation based on international law’.[33] In accordance with the principles and concerns of the freshly adopted NIEO, developing countries raised the issue of the dominance of MNCs over natural resources and strongly urged the UN for a reaffirmation of their sovereignty over their resources. The NIEO was an attempt by Third World developing states, in the wake of decolonization, to deploy international law to achieve economic justice and improvements in the areas of development and socio-economic rights.[34] Pushed by the G77, the United Nations General Assembly (UNGA) member states devised a set of NIEO proposals in 1974 including (1) that developing states are entitled to control and regulate all activities of MNCs within their territory; and (2) that international trade must be based on equitable, stable and remunerative prices for raw materials.[35]
Despite its impressive aims and careful compilation, the NIEO was unsuccessful. It failed ‘to displace the power and advantage held by influential states’, it failed to alter international law which favoured the economic interests of capital-exporting states and, most importantly, it demonstrated the Third World’s acceptance of the economic ideology of the capitalist mindset, inflating the value of foreign capital including the exploitation of local labour in developing countries.[36]
Consequently, the UN set up the United Nations Commission on Transnational Corporations which drafted a code of conduct for TNCs, one of the first formalized instruments drafted by the UN that set an obligation upon MNCs to respect human rights in host countries.[37] However while developing countries insisted on the idea of adopting an international instrument that was binding on MNCs, developed countries were not prepared to go beyond the voluntary sets of guidelines already in place.[38]
On the other hand, due to the ineffectiveness of the international institutions, some MNCs that sought to abide by human rights law attempted to create some provisions themselves. An example is the Sullivan principles designed by Leon Sullivan, former member of the General Motors’ Board of Directors. These principles included the elimination of discrimination based on race, and the concept of equality in the workplace. The objective was that by engaging in human rights concepts like dignity and respect, MNCs could be a lever for the elimination of apartheid in South Africa. However, like the previously established soft law on obligations on multinational corporations, these principles were voluntary and unlike the OECD Guidelines which had the NCPs, there was no enforcement mechanism. The great majority of MNCs that adopted his principles did so with the sole motive of being able to continue to prosper in South Africa.[39]
In summary, throughout the 1960s and 1970s, there were attempts at a variety of levels to bring together the concepts of human rights and multinational corporations. Though it was largely absent on the level of the United Nations until the late 1970s there were many first steps by international institutions to bridge this gap. The NIEO was the first set of concrete economic principles that were prescribed in international law ‘articulating a form of justice based not on domination of one people over another’.[40] It was an ‘effort to assert the sovereign autonomy of the non-western world’,[41] exemplifying the importance of linking human rights and development, and the fundamental values of duties of international cooperation. However, there was still much to be done as the new decade of the 1980s saw a drastic restructuring of the global trade and investment system - ultimately ending in massive international debt and a dramatic increase in foreign direct investment.
A Change in the Global Legal Architecture
An accumulation of capital obtained by the main oil producing states in the Middle East led to the establishment of the Organization for Petroleum Exporting Countries (OPEC) Cartel in 1972. With the intention of creating a monopoly and obtaining major profits, OPEC raised the price of oil by approximately 400%, with its members keeping revenue in US or European banks, from which developing countries regularly borrowed in the form of aid and loans.[42] However, banks were now lending at higher interest rates to these countries as they were deemed less creditworthy. As a result of sovereign debt and the surplus problem in the international banking system, developing states were forced to rely on foreign direct investment (FDI), as opposed to private borrowing. The very principle that developing states wanted to control with the establishment of the NIEO was now negated by Western states selling MNCs to the developing world as necessary for their survival.[43]
Simultaneously to the effects of the oil crisis, the political ideology of neoliberalism emerged on the global scene. Conservative governments gained power in western countries, communism collapsed in Eastern Europe with a move towards market economics, and Latin America implemented stabilization policies to boost their economies.[44] This process saw neoliberalism became an enemy for structural equality, political inclusion, economic access and human rights.[45]
Prior to the implementation of neoliberal policies, the relationship between multinational corporations and their host state was formed through the conflict between the host country's national developmental interests as opposed to the corporation's global investment interests. The state being the more powerful actor, attempted ‘to channel its private investments to serve its own developmental objectives’.[46] However, as Michael Peters argues, neoliberalism provides ‘a universalist foundation for an extreme form of economic rationalism’[47], which according to Paul Haslam, was a re-forming of the modern state rather than the perceived notion of the state ‘unambiguously withering away’.[48] As a result, power shifted from host countries towards multinational corporations as the era was characterized by liberalization of foreign investment rules.[49] As the United Nations World Investment Report of 2000 showed, out of the 1035 changes made in national legislation regarding Foreign Direct Investment (FDI) from 1991 to 1999, only 5.9% were directed at restricting FDI.[50]
Now more tha
Interview with Larissa Balkissoon, KLR Essay Prize Competition Winner 2021: KLR Editorial Board interviews
No full textInterview with Larissa Balkissoon, KLR Essay Prize Competition Winner 2021.
You can watch this interview here
 
Joyful Embodiment: Felt Theory and Indigenous Trans Perspectives in the Work of Max Wolf Valerio
Get PDFThis essay uses Dian Million's felt theory to read across the work of one of the earliest trans Indigenous people writing in English, arguing that Max Wolf Valeriorepresents his experiences of--and others’ reactions to--his sex and gender presentations as relational, highly affective processes across all of his texts. And, while affective knowledges exist widely across Indigenous texts and contexts, I turn in this special issue to how, when used to read Valerio’s essay and autobiography, felt theory reveals embodied ruptures and cultural dislocation/disavowal, or what Million terms “colonialism as a felt, affective relationship” (Therapeutic Nations 46). At the same time, this essay highlights the ways, in Valerio’s stories, felt knowledges offer a map of becoming and a lived route to survivance, healing, and joy
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