{"title":"Arms exports to conflict zones and the two hats of arms companies","authors":"Hiruni Alwishewa","doi":"10.1080/20414005.2022.2028472","DOIUrl":null,"url":null,"abstract":"ABSTRACT Arms companies wear two hats: they act as businesses and are also expected to behave as socially responsible actors. These hats are not of equal size; the former is often much larger and conceals the latter. But a lack of visibility does not mean the existence of the smaller hat can be easily ignored. In this paper, the responsibilities of arms companies for the export of arms to conflict zones are examined. It is argued that the two hats that arms companies wear necessitates a reassessment of their responsibilities. It is suggested that due diligence obligations should be harnessed to enhance the discrete responsibilities of arm companies, thereby recalibrating how responsibilities should apply to actors intimately linked with the state apparatus, and minimising the potential for the business interests to subvert the role of arms companies as socially responsible actors.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"527 - 549"},"PeriodicalIF":0.0000,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2022.2028472","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT Arms companies wear two hats: they act as businesses and are also expected to behave as socially responsible actors. These hats are not of equal size; the former is often much larger and conceals the latter. But a lack of visibility does not mean the existence of the smaller hat can be easily ignored. In this paper, the responsibilities of arms companies for the export of arms to conflict zones are examined. It is argued that the two hats that arms companies wear necessitates a reassessment of their responsibilities. It is suggested that due diligence obligations should be harnessed to enhance the discrete responsibilities of arm companies, thereby recalibrating how responsibilities should apply to actors intimately linked with the state apparatus, and minimising the potential for the business interests to subvert the role of arms companies as socially responsible actors.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
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