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The human rights obligations of business: a critical framework for the future
No full textEnforcing social rights through public interest litigation: An overview of the Indian experience
No full textThis chapter explains labour rights as the common reference point for comparing the realisation of socio-economic rights in China and India. The grassroots-led movement has involved a number of rights, it is largely in the labour and environment law fields that China is developing its most interesting and, debatable variation of a public interest litigation system (PIL). Rights interest litigation (RIL) illustrates as well as questions the justiciability of socio-economic rights in an authoritarian regime and in turn interrogates the true intent behind China's legal reforms and the real interest of the Chinese leadership in building a rule of law society. The reviews of India and China's implementation of the International Covenant on Economic, Social and Cultural Rights by the Committee on Economic, Social and Cultural Rights (ICESCR) tend to relativise these differences by highlighting major commonalities between India and China in the realisation of socio-economic rights
The Paradox of Justiciability:Labour Rights Litigation and the Realisation of Socio-Economic Rights in China and India
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Corporate Obligations and a Business and Human Rights Treaty: a Constitutional Law Model?
No full textThe Role of national human rights institutions in abolishing capital punishment: a critical evaluation
No full textThis chapter examines the impact of national human rights institutions (NHRIs) on law reform efforts aimed at abolishing the death penalty in the Asia Pacific region. It addresses the following questions: What, if any, has been the contribution of NHRIs in seeking to secure abolition of the death penalty? Are they protectors or pretenders? Are they catalysts for good and humane governance or are they passive bystanders? It is shown that practices of NHRIs in the region have been generally marred by restrictive mandates and lack of initiatives in the direction of harmonizing national legislation with international human rights instruments
Human rights and public procurement of goods and services
No full textAs mega-consumers of manufactured products, works and services, central and municipal governments and other public bodies can influence, through procurement, the terms of trade and corporate conduct across sectors and through global value chains. Public procurement thus has potential to impact positively on human rights locally and transnationally. At the same time the ‘state duty to protect’ under Pillar I of the UN Guiding Principles on Business and Human Rights (UNGPs) calls for states to fulfil their human rights obligations as an economic actor, including in public procurement. Yet to date little attention has been paid to the interface between government purchasing and human rights by scholars. This chapter contributes to addressing this gap. First it outlines international legal frameworks regulating public procurement and discusses the extent to which these may permit, or restrict, measures to respect, protect and promote human rights by public buyers or their suppliers. Next it analyses obligations of states and public authorities under international human rights treaties and relevant soft law standards, in relation to their purchasing activities, in two scenarios, concerning respectively human rights abuses linked to public procurement that occur inside, and beyond, a state’s territorial jurisdiction. Drawing examples from across jurisdictions, the chapter then shows how integrating human rights into public buying can impact positively on human rights of supply chain workers while also being financially and practically viable for purchasing institutions. In concluding, the chapter reflects on the complementary roles of public buying and other mechanisms for improving human rights across value chains. Finally, it identifies priorities for a future policy agenda and issues for further research.<br/
Regulatory obligations in a complex world : states' extraterritorial obligations related to business and human rights
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Putting Flesh on the Bone: What Should a Business and Human Rights Treaty Look Like?
No full textLiability within corporate groups : Parent company's accountability for subsidiary human rights abuses
No full textMultinational enterprises have outsourced production and distribution to layers of subsidiaries and contractors to expand into new markets and increase profitability. This compartmentalization of the enterprise is facilitated by company laws and has resulted in risk shifting, excessive risk taking and lack of remediation for those injured. Company laws in virtually all jurisdictions allow for corporate personality, which means that the law sees shareholders and the company, or the company and its subsidiaries, as separate entities with their own assets, rights and obligations. The law erects a firewall that makes claims against parent companies extremely difficult. In economic terms, this ‘separation principle’ means the exposure of investors is capped; there is limited liability as investors can limit their losses by keeping assets separated. Parent companies can pursue outsourcing without commensurate responsibility for losses caused by their expansive operations.This chapter offers reference points to facilitate analysis, and reviews options for reform. Corporate accountability writings often recognize in the separation principle one of the most significant obstacles on the path to increased access to remedies. In terms of structure, Section 2 shows the difficulties posed by legal separation and discusses the corporate group as a legal and economic entity. Section 3 presents the current situation in law (company law, tort law, and other regulatory areas) and policy (international soft law, and national action plans on business and human rights). Section 4 covers proposals for regulatory reform and puts them into perspective by explaining the resilience of the principle and its deep ramifications
Navigating from 'Train Wreck' to being 'Welcomed':Negotiation strategies and argumentative patterns in the development of the UN Framework
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