The Spanish version of this paper can be found at http://ssrn.com/abstract=1879947This article focuses on the convergence of the corporate power of Yanacocha Mine with the Peruvian State’s public power, studied in relation to two interrelated and fundamental sites of power: Indigenous land rights and the regulation of the use of force. The analysis presents two international human rights litigation initiatives: the Negritos Case and the GRUFIDES Case, which illustrate the complex relationship between Peru’s colonial history, Yanacocha’s current status as one of the most profitable goldmines in the world, serious land rights violations, and the emergence of widespread social protest and the escalating use of private security companies by multinational mining companies. The analysis addresses four legal processes flowing from the private–public convergence: (1) the dispossession of Campesino communal land; (2) the production of Campesino consent; (3) the privatization of coercive force; and (4) the absence of effective legal remedies. The conclusion considers the significance of the case study for those who seek to use the law to engage in practices of resistance to the power configuration represented by the private–public convergence.
{"title":"Foreign Mining, Law and the Privatization of Property: A Case Study from Peru","authors":"Charis Kamphuis","doi":"10.4337/jhre.2012.03.03","DOIUrl":"https://doi.org/10.4337/jhre.2012.03.03","url":null,"abstract":"The Spanish version of this paper can be found at http://ssrn.com/abstract=1879947This article focuses on the convergence of the corporate power of Yanacocha Mine with the Peruvian State’s public power, studied in relation to two interrelated and fundamental sites of power: Indigenous land rights and the regulation of the use of force. The analysis presents two international human rights litigation initiatives: the Negritos Case and the GRUFIDES Case, which illustrate the complex relationship between Peru’s colonial history, Yanacocha’s current status as one of the most profitable goldmines in the world, serious land rights violations, and the emergence of widespread social protest and the escalating use of private security companies by multinational mining companies. The analysis addresses four legal processes flowing from the private–public convergence: (1) the dispossession of Campesino communal land; (2) the production of Campesino consent; (3) the privatization of coercive force; and (4) the absence of effective legal remedies. The conclusion considers the significance of the case study for those who seek to use the law to engage in practices of resistance to the power configuration represented by the private–public convergence.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133288751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-04-27DOI: 10.1163/170873811X563947
C. Jalloh, Dapo Akande, M. du Plessis
This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU’s continued concerns, and the current impasse, fundamental questions have arisen about the Council’s authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU’s proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC’s credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business – will likely arise in future situations from around the world.
本文评估了非洲联盟(AU)对《国际刑事法院罗马规约》(ICC)第16条的关切。在非盟一再呼吁联合国安理会(UNSC)援引第16条，暂停国际刑事法院针对苏丹总统奥马尔·巴希尔(Omar Al Bashir)发起的诉讼程序的背景下，该报告试图更清晰地阐明延期的法律和政治图景。联合国安理会没有同意非盟的要求，导致非洲国家在逮捕和交出苏丹领导人的问题上正式拒绝与国际刑事法院合作。鉴于非盟的持续关切和目前的僵局，安理会是否有权行使或不行使其延期权力的根本问题已经出现。2009年11月，非洲提议修改《罗马规约》，授权联合国大会在安理会六个月后未能就延期请求采取行动的情况下采取行动。尽管国际刑事法院缔约国迄今为止对非盟提出的延期条款修正案表示有限的公开支持，但本文将探讨其优点，因为未能解决“第16条问题”可能会影响在苏丹的国际问责努力，并进一步损害国际刑事法院在非洲的信誉。这一尚未解决的问题也具有更广泛的意义，因为造成紧张局势的问题- -国际刑事法院的起诉如何与缔造和平的倡议相协调以及安理会在国际刑事法院事务中的作用和权力- -很可能在世界各地的未来局势中出现。
{"title":"Assessing the African Union Concerns about Article 16 of the Rome State of the International Criminal Court","authors":"C. Jalloh, Dapo Akande, M. du Plessis","doi":"10.1163/170873811X563947","DOIUrl":"https://doi.org/10.1163/170873811X563947","url":null,"abstract":"This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU’s continued concerns, and the current impasse, fundamental questions have arisen about the Council’s authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU’s proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC’s credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business – will likely arise in future situations from around the world.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121038918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The overall objective of the study was to explore the level of provision of basic human rights to religious minorities living in the rural areas of Pakistan and to know about the satisfaction level of religious minorities about the availability of their fundamental human rights. For this purpose, one hundred and twenty households from the rural areas of Sheikhupura, which were representatives of the whole district's religious minorities, were selected by using the simple random sampling technique. The analysis of the data revealed that religious minorities are not represented in different sectors of life (for example, the employment sector) appropriately and adequately. On the basis of conducted analysis by using a statistical package of social sciences (SPSS), the religious minorities in the area of study were satisfied to the least extent by the government policies of Pakistan.
{"title":"Satisfaction Level of Religious Minorities about Government Policies of Pakistan","authors":"M. Akram","doi":"10.2139/ssrn.1807346","DOIUrl":"https://doi.org/10.2139/ssrn.1807346","url":null,"abstract":"The overall objective of the study was to explore the level of provision of basic human rights to religious minorities living in the rural areas of Pakistan and to know about the satisfaction level of religious minorities about the availability of their fundamental human rights. For this purpose, one hundred and twenty households from the rural areas of Sheikhupura, which were representatives of the whole district's religious minorities, were selected by using the simple random sampling technique. The analysis of the data revealed that religious minorities are not represented in different sectors of life (for example, the employment sector) appropriately and adequately. On the basis of conducted analysis by using a statistical package of social sciences (SPSS), the religious minorities in the area of study were satisfied to the least extent by the government policies of Pakistan.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132558695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-03-04DOI: 10.1111/j.1468-2230.2011.00843.x
Stephen A. Gardbaum
This article first assesses the success and distinctiveness of the Human Rights Act 1998 from the perspective of its status as an exemplar of the new Commonwealth model of constitutionalism. This new, intermediate model attempts to straddle the dichotomy of parliamentary sovereignty and judicial supremacy by protecting rights through a reallocation of powers between courts and legislatures that brings them into better balance than under either of these two traditional, more lopsided models. As part of its assessment, the article critically examines an influential strand of commentary claiming that in practice the HRA has proven to be less distinctive from US-style constitutionalism than initially claimed or hoped. The second part of the article seeks to contribute to current debates about reform of the HRA by proposing ways to address its main structural weaknesses, especially the problem of remedial distortion.
{"title":"How Successful and Distinctive is the Human Rights Act? An Expatriate Comparatist's Assessment","authors":"Stephen A. Gardbaum","doi":"10.1111/j.1468-2230.2011.00843.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2011.00843.x","url":null,"abstract":"This article first assesses the success and distinctiveness of the Human Rights Act 1998 from the perspective of its status as an exemplar of the new Commonwealth model of constitutionalism. This new, intermediate model attempts to straddle the dichotomy of parliamentary sovereignty and judicial supremacy by protecting rights through a reallocation of powers between courts and legislatures that brings them into better balance than under either of these two traditional, more lopsided models. As part of its assessment, the article critically examines an influential strand of commentary claiming that in practice the HRA has proven to be less distinctive from US-style constitutionalism than initially claimed or hoped. The second part of the article seeks to contribute to current debates about reform of the HRA by proposing ways to address its main structural weaknesses, especially the problem of remedial distortion.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133726848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict generally and specifically in situations of detention. Recently, public allegations have been made against the UK government that they have endorsed certain prohibited techniques of torture, including sexual abuse, but crimes of sexual violence against men occur in the wider context of armed conflict. International Law still has some way to go to determine the legal framework prohibiting and punishing sexual violence against women in armed conflict; it does not expressly prohibit such acts when committed against men. A slightly more developed area of law is that of crimes of sexual violence taking place within the wider context of torture or degrading/humiliating treatment. However, torture is not necessarily the sole framework in which these types of crimes should be considered for fear that torture and sexual abuse become synonymous. These crimes should also be viewed within the context of gender-based violence. Once allegations of torture, including sexual abuse, have been made, the State has a duty to investigate the allegations and pursue criminal procedures against those responsible for the torture. Failure to do so may result in the State being held responsible for its failure to implement its duties with regards the protection from and prevention of torture and for failure to investigate properly allegations of torture.
{"title":"International Law and Sexual Violence Against Men","authors":"Solange Mouthaan","doi":"10.2139/SSRN.1763795","DOIUrl":"https://doi.org/10.2139/SSRN.1763795","url":null,"abstract":"This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict generally and specifically in situations of detention. Recently, public allegations have been made against the UK government that they have endorsed certain prohibited techniques of torture, including sexual abuse, but crimes of sexual violence against men occur in the wider context of armed conflict. International Law still has some way to go to determine the legal framework prohibiting and punishing sexual violence against women in armed conflict; it does not expressly prohibit such acts when committed against men. A slightly more developed area of law is that of crimes of sexual violence taking place within the wider context of torture or degrading/humiliating treatment. However, torture is not necessarily the sole framework in which these types of crimes should be considered for fear that torture and sexual abuse become synonymous. These crimes should also be viewed within the context of gender-based violence. Once allegations of torture, including sexual abuse, have been made, the State has a duty to investigate the allegations and pursue criminal procedures against those responsible for the torture. Failure to do so may result in the State being held responsible for its failure to implement its duties with regards the protection from and prevention of torture and for failure to investigate properly allegations of torture.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116980046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-01-07DOI: 10.1111/j.1468-2230.2010.00837.x
T. Poole, Sangeeta Shah
This article presents an empirical analysis of the impact of the Human Rights Act on the House of Lords. Drawing on a database of judgments from 1994 to 2007, changes in judgment-giving behaviour are identified by charting patterns of agreement and dissent across different categories of case. Voting records are also examined in order to identify whether significant differences exist between individual Law Lords in their approach to human rights cases.
{"title":"The Law Lords and Human Rights","authors":"T. Poole, Sangeeta Shah","doi":"10.1111/j.1468-2230.2010.00837.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2010.00837.x","url":null,"abstract":"This article presents an empirical analysis of the impact of the Human Rights Act on the House of Lords. Drawing on a database of judgments from 1994 to 2007, changes in judgment-giving behaviour are identified by charting patterns of agreement and dissent across different categories of case. Voting records are also examined in order to identify whether significant differences exist between individual Law Lords in their approach to human rights cases.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126878073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Modes and Patterns of Social Control: Implications for Human Rights Policy is the latest report of the International Council on Human Rights Policy. This report looks into the human rights implications of contemporary patterns of social control: how laws and policies construct and respond to people, behaviour or status defined as "undesirable", "dangerous", criminal or socially problematic. The report highlights common patterns of criminalisation, segregation, and surveillance – and how they are shaped by political economy, notions of risk and danger, and regimes of policy transfer. It explores the human rights implications of questions such as: How changing ideas of crime, criminality and risk are shaping social policy? Why does incarceration continue to be a preferred sanction? How are public health and urban governance being reshaped into regimes of discipline and punitiveness? How do contemporary policing and surveillance practices order and organise social relations? Despite the significant amount of research conducted around some of these themes, a considerable gap exists between those engaged in research and theory and those engaged in human rights advocacy and policy. This report seeks to bridge that gap. Drawing on research across five policy areas – infectious diseases, urban spaces and the poor, policing, migrants, and, punishment and incarceration – and a case study of the Roma in Europe, it is relevant to human rights advocates and professionals working in diverse policy areas. The report invites consideration of the value of a social control perspective in engaging with the policies and practices of relevant institutions in these areas. It underlines challenges and ways forward for human rights policy and advocacy with respect to: ideas of crime and criminality, penal sanctions, non-criminal sanctions and ‘soft’ controls, protection and victim rights, privatisation, surveillance, and policy transfer regimes. It is hoped that Modes and Patterns of Social Control provides a basis to mount a more robust human rights challenge to political and social forces that shape contemporary modes of social control through a dialogue between human rights advocates, critical social scientists, social policy analysts, experts, and policy makers.
{"title":"Modes and Patterns of Social Control: Implications for Human Rights Policy","authors":"Program on Human Rights and the Global Economy","doi":"10.2139/ssrn.1803591","DOIUrl":"https://doi.org/10.2139/ssrn.1803591","url":null,"abstract":"Modes and Patterns of Social Control: Implications for Human Rights Policy is the latest report of the International Council on Human Rights Policy. This report looks into the human rights implications of contemporary patterns of social control: how laws and policies construct and respond to people, behaviour or status defined as \"undesirable\", \"dangerous\", criminal or socially problematic. The report highlights common patterns of criminalisation, segregation, and surveillance – and how they are shaped by political economy, notions of risk and danger, and regimes of policy transfer. It explores the human rights implications of questions such as: How changing ideas of crime, criminality and risk are shaping social policy? Why does incarceration continue to be a preferred sanction? How are public health and urban governance being reshaped into regimes of discipline and punitiveness? How do contemporary policing and surveillance practices order and organise social relations? Despite the significant amount of research conducted around some of these themes, a considerable gap exists between those engaged in research and theory and those engaged in human rights advocacy and policy. This report seeks to bridge that gap. Drawing on research across five policy areas – infectious diseases, urban spaces and the poor, policing, migrants, and, punishment and incarceration – and a case study of the Roma in Europe, it is relevant to human rights advocates and professionals working in diverse policy areas. The report invites consideration of the value of a social control perspective in engaging with the policies and practices of relevant institutions in these areas. It underlines challenges and ways forward for human rights policy and advocacy with respect to: ideas of crime and criminality, penal sanctions, non-criminal sanctions and ‘soft’ controls, protection and victim rights, privatisation, surveillance, and policy transfer regimes. It is hoped that Modes and Patterns of Social Control provides a basis to mount a more robust human rights challenge to political and social forces that shape contemporary modes of social control through a dialogue between human rights advocates, critical social scientists, social policy analysts, experts, and policy makers.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2010-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123229318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Asian values debate has been one of the preeminent human rights debates in the world for the past two decades. The claim of some East Asian regimes for continued authoritarian government and denial of certain human rights on the grounds that this is in harmony with Asian values, helps preserve community and leads to higher growth is disputed in this article. This is done on the basis that liberal constitutionalism – which is defined here as democracy, the rule of law and human rights – when indigenised through debate and adaption to local conditions is not only in keeping with traditions but, as the experience of many countries in East Asia itself reveals, is better at managing the diverse interests that emerge in rapidly changing societies and is thereby a generator of political and economic stability. Thus, the East Asian discourse offers insights for human rights debates in many other developing countries globally.
{"title":"The Political Economy and Culture of Human Rights in East Asia","authors":"Michael C. Davis","doi":"10.2139/ssrn.1946751","DOIUrl":"https://doi.org/10.2139/ssrn.1946751","url":null,"abstract":"The Asian values debate has been one of the preeminent human rights debates in the world for the past two decades. The claim of some East Asian regimes for continued authoritarian government and denial of certain human rights on the grounds that this is in harmony with Asian values, helps preserve community and leads to higher growth is disputed in this article. This is done on the basis that liberal constitutionalism – which is defined here as democracy, the rule of law and human rights – when indigenised through debate and adaption to local conditions is not only in keeping with traditions but, as the experience of many countries in East Asia itself reveals, is better at managing the diverse interests that emerge in rapidly changing societies and is thereby a generator of political and economic stability. Thus, the East Asian discourse offers insights for human rights debates in many other developing countries globally.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2010-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116484154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Cuba and Venezuela have pioneered a new form of socialist multinational enterprise. Grounded in the concepto grannacional these proyectos and empresas grannacionales provide a way for states to engage in globalization directly using forms distinct from the traditional model of state owned enterprises. But engagement with globalization might create conflict with emerging global norms. This paper considers recent to Cuban-led efforts to develop grannacionales and the potential conflicts between these entities and the emerging rules for international business behavior, especially those touching on business and human rights. The paper starts by discussing the basic theory and objectives of the grannacional generally, as a new form of transnational public enterprise, one that is meant to provide a viable challenge to current conventional global systems of economic organization. The focus is on the development of the “concepto grannacional” within the political framework of the socialist trade organization, the Alianza Bolivariana Para los Pueblos de Nuestra America (ALBA). The paper then considers the emerging global consensus for the governance of the human rights effects of business enterprises. The focus is on three approaches — first, through the application of national law, and then through the emergence of two international soft law frameworks, the OECD Guidelines for Multinational Enterprises and the U.N. Guiding Principles for Business and Human Rights. The paper ends with a consideration of the possible conflicts between these international frameworks and the structural ideology and practices of socialist enterprises through the lens of an example — the system of bartering medical services for petroleum instituted between Cuba and Venezuela.
{"title":"Globalization and the Socialist Multinational: Cuba and ALBA’s Grannacional Projects at the Intersection of Business and Human Rights","authors":"L. Backer","doi":"10.2139/ssrn.1646962","DOIUrl":"https://doi.org/10.2139/ssrn.1646962","url":null,"abstract":"Cuba and Venezuela have pioneered a new form of socialist multinational enterprise. Grounded in the concepto grannacional these proyectos and empresas grannacionales provide a way for states to engage in globalization directly using forms distinct from the traditional model of state owned enterprises. But engagement with globalization might create conflict with emerging global norms. This paper considers recent to Cuban-led efforts to develop grannacionales and the potential conflicts between these entities and the emerging rules for international business behavior, especially those touching on business and human rights. The paper starts by discussing the basic theory and objectives of the grannacional generally, as a new form of transnational public enterprise, one that is meant to provide a viable challenge to current conventional global systems of economic organization. The focus is on the development of the “concepto grannacional” within the political framework of the socialist trade organization, the Alianza Bolivariana Para los Pueblos de Nuestra America (ALBA). The paper then considers the emerging global consensus for the governance of the human rights effects of business enterprises. The focus is on three approaches — first, through the application of national law, and then through the emergence of two international soft law frameworks, the OECD Guidelines for Multinational Enterprises and the U.N. Guiding Principles for Business and Human Rights. The paper ends with a consideration of the possible conflicts between these international frameworks and the structural ideology and practices of socialist enterprises through the lens of an example — the system of bartering medical services for petroleum instituted between Cuba and Venezuela.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2010-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117191933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2010-07-19DOI: 10.1017/S2044251310000391
Anna Gelpern
Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of the hardest policy problems of the past century and a site for innovation in international law-making and institution-building. I suggest that the funds’ hybrid public-private and transnational character makes them hard to define and govern, but also makes them exceptionally apt reflections of contemporary global finance and its multiple constituents. I elaborate this character in a four-part accountability matrix. The task of governing SWFs, just like the task of governing global finance, is about negotiating among public, private, internal and external demands for accountability in the absence of a stable hierarchy among them.
{"title":"Sovereignty, Accountability, and the Wealth Fund Governance Conundrum","authors":"Anna Gelpern","doi":"10.1017/S2044251310000391","DOIUrl":"https://doi.org/10.1017/S2044251310000391","url":null,"abstract":"Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of the hardest policy problems of the past century and a site for innovation in international law-making and institution-building. I suggest that the funds’ hybrid public-private and transnational character makes them hard to define and govern, but also makes them exceptionally apt reflections of contemporary global finance and its multiple constituents. I elaborate this character in a four-part accountability matrix. The task of governing SWFs, just like the task of governing global finance, is about negotiating among public, private, internal and external demands for accountability in the absence of a stable hierarchy among them.","PeriodicalId":106035,"journal":{"name":"Human Rights & the Global Economy eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2010-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124097044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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