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Human Rights Violations Connected with Deforestation – Emerging and Diverging Approaches to Human Rights Due Diligence 与森林砍伐有关的侵犯人权行为——人权尽职调查的新方法和不同方法
IF 2.2 Q3 BUSINESS Pub Date : 2023-01-17 DOI: 10.1017/bhj.2022.38
Anouska Perram, N. Jiwan
As the climate and biodiversity crises gain unprecedented attention, many governments across the global north are taking legislative steps to address deforestation in supply chains linked to their domestic consumption or commercial activities, among them, the United Kingdom (UK) and the European Union (EU).1
随着气候和生物多样性危机获得前所未有的关注,全球北方的许多政府正在采取立法措施,解决与其国内消费或商业活动相关的供应链中的森林砍伐问题,其中包括英国(UK)和欧盟(EU)
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引用次数: 1
The Modernization of the Energy Charter Treaty: Fulfilled or Broken Promises? 能源宪章条约的现代化:实现了还是违背了承诺?
IF 2.2 Q3 BUSINESS Pub Date : 2023-01-17 DOI: 10.1017/bhj.2022.39
Bart-Jaap Verbeek
On 24 June 2022, the Contracting Parties of the Energy Charter Treaty (ECT) finalized discussions on the modernization of the treaty. After fifteen rounds of negotiations, an agreement in principle was reached to be adopted by the Energy Charter Conference on 22 November 2022 in Ulaanbaatar, Mongolia.1 The ECT, adopted in 1994, establishes a legal framework that aims to promote international cooperation in the energy sector.2 It has a membership of 53 countries primarily from Europe and Central Asia, as well as the European Union (EU) and the European Atomic Energy Community. In recent years, the ECT attracted widespread public attention due to its impact on states’ environmental and climate policies. Particularly, the treaty’s provisions on investment protection, with investor-to-state dispute settlement (ISDS) at the centre, allow foreign investors in the energy sector to challenge adverse state action before international arbitration and claim compensation for measures affecting their business activities. Fossil fuel investors have increasingly used the ECT to challenge environmental and climate measures, such as phasing out coal-fired power generation, banning offshore oil drilling in coastal areas, and prohibiting gas fracking projects. Such cases have fuelled concerns regarding the abilities of governments to roll-out large-scale climate action. The Intergovernmental Panel on Climate Change (IPCC) has warned that international investment agreements (IIAs) like the ECT could ‘be used by fossil-fuel companies to block national legislation aimed at phasing out the use of their assets’.3 With some of these damage claims running into billions of euros, the ECT enables fossil fuel investors to offload the costs and risks associated with their affected assets onto society at large in the face of necessary climate action. This would go, in the words of the editorial board of the Financial Times, against the ‘heart of the capitalist social contract’ and the ‘ability of markets to deal adequately with the challenge of climate change’.4
2022年6月24日,《能源宪章条约》缔约国完成了关于该条约现代化的讨论。经过十五轮谈判,于2022年11月22日在蒙古乌兰巴托举行的能源宪章会议原则上达成了一项协议。1 ECT于1994年通过,建立了一个旨在促进能源部门国际合作的法律框架。2其成员包括53个国家,主要来自欧洲和中亚,以及欧洲联盟(欧盟)和欧洲原子能共同体。近年来,ECT因其对各州环境和气候政策的影响而引起了公众的广泛关注。特别是,该条约关于投资保护的条款,以投资者与国家争端解决(ISDS)为中心,允许能源行业的外国投资者在国际仲裁前对国家的不利行动提出质疑,并就影响其商业活动的措施要求赔偿。化石燃料投资者越来越多地利用ECT来挑战环境和气候措施,如逐步淘汰燃煤发电、禁止沿海地区的海上石油钻探和禁止天然气压裂项目。此类案件加剧了人们对政府开展大规模气候行动能力的担忧。政府间气候变化专门委员会(IPCC)警告称,像ECT这样的国际投资协议可能“被化石燃料公司用来阻止旨在逐步淘汰其资产使用的国家立法”。3其中一些损失索赔高达数十亿欧元,ECT使化石燃料投资者能够在必要的气候行动面前,将与其受影响资产相关的成本和风险转嫁给整个社会。用英国《金融时报》编委会的话来说,这将违背“资本主义社会契约的核心”和“市场充分应对气候变化挑战的能力”。4
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引用次数: 1
Grievance Mechanisms in Multi-Stakeholder Initiatives: Providing Effective Remedy for Human Rights Violations? 多方利益攸关方倡议中的申诉机制:为侵犯人权行为提供有效补救?
IF 2.2 Q3 BUSINESS Pub Date : 2023-01-16 DOI: 10.1017/bhj.2022.37
J. Harrison, Mark Wielga
Abstract This article presents an empirical study of six grievance mechanisms in multi-stakeholder initiatives (MSIs). It argues that key characteristics of each grievance mechanism as well as the contexts in which they operate significantly affect human rights outcomes. However, even the most successful mechanisms only manage to produce remedies in particular types of cases and contexts. The research also finds that it is prohibitively difficult to determine whether ‘effective’ remedy has been achieved in individual cases. Furthermore, the key intervention by the UN Guiding Principles on Business and Human Rights (UNGPs), to prescribe a set of effectiveness criteria for designing or revising MSI grievance mechanisms, itself appears ineffective in stimulating better outcomes for rights-holders. Drawing on these findings, the article reflects on the future potential and limitations of MSI grievance mechanisms within broader struggles to ensure business respect for human rights.
摘要本文对多方利益相关者倡议中的六种申诉机制进行了实证研究。它认为,每种申诉机制的关键特征及其运作的背景都会对人权结果产生重大影响。然而,即使是最成功的机制,也只能在特定类型的案件和情况下采取补救措施。研究还发现,很难确定在个别情况下是否取得了“有效”的补救措施。此外,《联合国工商业与人权指导原则》规定了一套设计或修订MSI申诉机制的有效性标准,这一关键干预措施本身似乎无法为权利持有人带来更好的结果。根据这些发现,文章反思了MSI申诉机制在确保企业尊重人权的更广泛斗争中的未来潜力和局限性。
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引用次数: 1
Human Rights Litigation against Multinationals in Practice, Richard Meeran and Jahan Meeran (eds.) (Oxford: Oxford University Press, 2021) 《实践中针对跨国公司的人权诉讼》,理查德·米兰和贾汗·米兰主编(牛津:牛津大学出版社,2021年)
IF 2.2 Q3 BUSINESS Pub Date : 2023-01-03 DOI: 10.1017/bhj.2022.30
Björn Fasterling
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引用次数: 0
Localizing the UNGPs – An Afrocentric Approach to Interpreting Pillar II UNGP本地化——以非洲为中心解释支柱II的方法
IF 2.2 Q3 BUSINESS Pub Date : 2022-12-23 DOI: 10.1017/bhj.2022.35
Akinwumi Ogunranti
Abstract This paper presents an alternative epistemic worldview of the corporate responsibility to respect human rights (CR2R) as a norm. It examines how an Afrocentric interpretation of the CR2R norm can contribute to a relational system where corporations promote human rights in African host communities. It uses an African norm — Ubuntu — to reframe and reinterpret Pillar II in Afrocentric terms. It argues that this reframing is important for three reasons. First, Ubuntu reframing increases the CR2R norm’s intelligibility in Africa because it clarifies and contextualizes the term ‘respect’ used in Pillar II. Second, reframing the CR2R norm through Ubuntu fills the ethical gap in the interpretation of the CR2Rnorm. Third, an Ubuntu-inspired interpretation insulates the CR2R norm from some scholars’ critique that the CR2R norm’s scope is narrow because it only encourages MNCs to avoid infringing on the human rights of others without prescribing positive obligations. This paper then examines channels through which Ubuntu can influence the CR2R norm.
摘要本文提出了一种将尊重人权的企业责任(CR2R)作为规范的替代认识世界观。它考察了以非洲为中心对CR2R规范的解释如何有助于建立一个关系体系,在这个体系中,企业在非洲东道社区促进人权。它使用了一种非洲规范——Ubuntu——以非洲为中心来重新定义和解释支柱II。它认为,这种重新定义之所以重要,有三个原因。首先,Ubuntu的重新定义增加了CR2R规范在非洲的可理解性,因为它澄清了支柱II中使用的术语“尊重”并将其置于上下文中。其次,通过Ubuntu重新定义CR2R规范填补了CR2R标准解释中的道德空白。第三,Ubuntu启发的解释将CR2R规范与一些学者的批评隔离开来,即CR2R准则的范围很窄,因为它只鼓励跨国公司避免侵犯他人的人权,而没有规定积极的义务。然后,本文研究了Ubuntu可以通过哪些渠道影响CR2R规范。
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引用次数: 0
Incorporating Rights: Strategies to Advance Corporate Accountability, Erika George (New York: Oxford University Press, 2021) 《纳入权利:推进企业责任的战略》,艾丽卡·乔治著(纽约:牛津大学出版社,2021年)
IF 2.2 Q3 BUSINESS Pub Date : 2022-12-16 DOI: 10.1017/bhj.2022.32
Tim Bartley
A lot has happened since 2005, when the late John Ruggie was appointed as the UN Special Representative on human rights and transnational corporations.Multi-stakeholder initiatives (MSIs) have continued to grow, despite concerns about their limited accomplishments. NGOs have developed a variety of score cards to rank the human rights and sustainability practices of leading brands and retailers. ESG (environmental, social and governance) ratings have moved into themainstreamof the investmentworld, spurring debates aboutwhether they are meaningful and ‘material’ to corporate returns. Recently, the UN Guiding Principles on Business and Human Rights – which Ruggie helped to forge – have inspired an EU draft directive on Corporate Sustainability Due Diligence, moving towards mandatory rather than voluntary standards. In Incorporating Rights, Erika George makes a hopeful argument about how these types of initiatives – particularly the voluntary ones – can gradually lead to greater respect for the human rights of workers in labour-intensive industries, communities in extractive zones, and individuals subject to high-tech surveillance. While occasionally acknowledging limitations, she argues that MSIs, score cards and demand from responsible investors and consumers have combined to make attention to human rights essentially obligatory rather than voluntary for large corporations. This is especially significant, she argues, because international law offers few meaningful paths for corporations to be held accountable to human rights norms, especially as courts have narrowed the scope of extra-territorial claims. In essence, George carries on Ruggie’s legacy in making the case that norms for international business are changing and that this is no small accomplishment. Empirically, George traces the discourse of corporate social responsibility in several large food/beverage, apparel/footwear, oil/gas and information technology companies (e.g., Coca-Cola, Adidas, ExxonMobil and Microsoft). Looking over time, she shows that human rights were increasingly incorporated into policies and reports as the companies faced controversies (roughly 2005 to 2017 in most cases). Beyond this, George draws on her observations of various meetings (e.g., UN Annual Forum on Business and Human Rights) and interviews with developers of MSIs and score cards to paint a multi-faceted portrait of the expectations that large companies face to respect human rights throughout their global operations and supply chains. In each chapter, she examines a different piece of the puzzle – such as business and human rights norms, MSIs, score cards, shareholder and consumer pressures – highlighting the evolution and expansion of expectations. Her analysis ends prior to the development of the EU mandatory due diligence directive – and earlier laws, such as the French Corporate Duty of Vigilance law, are not in her purview – but these developments would seemingly bolster her overall point: global h
自2005年已故的约翰·鲁吉被任命为联合国人权和跨国公司问题特别代表以来,发生了很多事情。多方利益攸关方倡议继续增长,尽管人们担心其成果有限。非政府组织开发了各种记分卡,对领先品牌和零售商的人权和可持续发展做法进行排名。ESG(环境、社会和治理)评级已进入投资界的主流,引发了关于它们对公司回报是否有意义和“实质性”的争论。最近,Ruggie帮助制定的《联合国商业与人权指导原则》激发了欧盟关于企业可持续性尽职调查的指令草案,朝着强制性而非自愿性标准迈进。在《融入权利》一书中,Erika George提出了一个充满希望的论点,即这些类型的倡议——特别是自愿倡议——如何逐渐导致对劳动密集型行业工人、采掘区社区和受高科技监控的个人的人权的更大尊重。虽然偶尔承认存在局限性,但她认为,MSIs、记分卡以及负责任的投资者和消费者的要求结合在一起,使大公司对人权的关注基本上是强制性的,而不是自愿的。她认为,这一点尤其重要,因为国际法几乎没有为公司对人权规范负责提供有意义的途径,尤其是在法院缩小了域外索赔范围的情况下。从本质上讲,乔治继承了鲁吉的遗产,证明国际商业规范正在改变,这是一项不小的成就。从经验上讲,乔治追溯了几家大型食品/饮料、服装/鞋类、石油/天然气和信息技术公司(如可口可乐、阿迪达斯、埃克森美孚和微软)关于企业社会责任的论述。随着时间的推移,她表明,随着公司面临争议,人权越来越多地被纳入政策和报告中(在大多数情况下,大约是2005年至2017年)。除此之外,乔治还利用她对各种会议(如联合国商业与人权年度论坛)的观察,以及对MSIs和记分卡开发者的采访,从多个方面描绘了大公司在全球运营和供应链中尊重人权的期望。在每一章中,她都会研究不同的谜题——比如商业和人权规范、MSIs、记分卡、股东和消费者压力——强调期望的演变和扩大。她的分析在欧盟强制性尽职调查指令制定之前就结束了——早期的法律,如法国的《企业警戒义务法》,不在她的职权范围内——但这些发展似乎支持了她的总体观点:全球人权已经制度化,成为大型跨国公司“经营社会许可证”的一部分。
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引用次数: 0
Business Impacts on Economic Inequality: An Agenda for Defining Related Human Rights Impacts and Economic Inequality Due Diligence 商业对经济不平等的影响:确定相关人权影响和经济不平等尽职调查的议程
IF 2.2 Q3 BUSINESS Pub Date : 2022-11-23 DOI: 10.1017/bhj.2022.27
D. Litwin
Economic inequality, in particular vertical inequality in income and wealth within countries,1 has widened considerably with potentially dramatic economic, political and social consequences.2 Reflecting the need for urgent action on inequality, the United Nation’s Sustainable Development Goal (SDG) 10 focuses on the reduction of various forms of inequality within and between countries.3 In that context, a number of recent interventions have sought to highlight how business affects inequality,4 recognizing that businesses have a central function in creating and distributing economic value in society. Significantly, two emerging initiatives, the Task Force on Inequality-Related Financial Disclosure (TIFD)5 and the Business Commission to Tackle Inequality (BCTI) by the World Business Council for Sustainable Development,6 seek to notably identify business impacts on inequality and provide approaches for their alleviation.
经济不平等,特别是国家内部收入和财富的纵向不平等1已大大扩大,可能造成严重的经济、政治和社会后果2 .联合国可持续发展目标(SDG) 10侧重于减少国家内部和国家之间各种形式的不平等,反映了对不平等采取紧急行动的必要性在这种背景下,最近的一些干预措施试图强调商业如何影响不平等,4认识到企业在创造和分配社会经济价值方面具有核心作用。值得注意的是,世界可持续发展工商理事会(World Business Council for Sustainable Development)成立的与不平等相关的财务披露特别工作组(TIFD)和解决不平等问题工商委员会(BCTI)这两项新举措,旨在明确企业对不平等的影响,并提供缓解不平等的方法。
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引用次数: 0
Business and Human Rights in Latin America: An Introduction to the Special Issue 拉丁美洲的商业与人权:特刊简介
IF 2.2 Q3 BUSINESS Pub Date : 2022-10-01 DOI: 10.1017/bhj.2022.28
Humberto Cantú Rivera, Danielle Anne Pamplona, Ulf Thoene
In his landmark 1967 novel One Hundred Years of Solitude, Gabriel García Márquez wrote about the ‘Banana Massacre’, where plantation workers that had been striking against the United Fruit Company to improve their working conditions were killed by the military. Despite being an event depicted in a magic realism novel, this example also shows some of the characteristics of Latin America, where colonialism, the close relationship between business and governments, and the incessant fight to protect people from human rights abuses, often converge not just in literature, but in real life. Indeed, Latin America is marked by contradictions between very progressive domestic human rights frameworks and increasing levels of social inequality and poverty; by being part of global value chains while also having an important percentage of informal economy; and by promoting the development of rules and practices without a sufficiently strong rule of law and fragile democracies. To some extent, as the land of magic realism, the business and human rights field in many cases is a real-life example of the nuances and complexities of the region, where progress and challenges are frequently intertwined.
加布里埃尔·加西亚·马尔克斯(Gabriel García Márquez)在其1967年的里程碑式小说《百年孤独》(One Years of Solitude)中写到了“香蕉大屠杀”,在那场大屠杀中,为改善工作条件而罢工反对联合果品公司的种植园工人被军方杀害。尽管这是魔幻现实主义小说中描绘的一个事件,但这个例子也展示了拉丁美洲的一些特点,在那里,殖民主义、企业和政府之间的密切关系,以及保护人民免受侵犯人权的持续斗争,不仅在文学中,而且在现实生活中经常融合在一起。事实上,拉丁美洲的特点是非常进步的国内人权框架与日益严重的社会不平等和贫困之间存在矛盾;作为全球价值链的一部分,同时在非正规经济中也占有重要比例;以及在没有足够强大的法治和脆弱的民主的情况下促进规则和做法的发展。在某种程度上,作为魔幻现实主义的土地,商业和人权领域在许多情况下都是该地区细微差别和复杂性的真实例子,该地区的进步和挑战经常交织在一起。
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引用次数: 0
The Overlooked Advantages of the Independent Monitoring and Complaint Investigation System in the Worker-driven Social Responsibility Model in US Agriculture 美国农业工人社会责任模式中被忽视的独立监督与投诉调查制度的优势
IF 2.2 Q3 BUSINESS Pub Date : 2022-10-01 DOI: 10.1017/bhj.2022.25
A. Angelini, Shauna Curphey
Across the United States (US), farmworkers and their allies are mobilizing to encourage companies to join a Worker-driven Social Responsibility (WSR) program. On May Day, hundreds marched in support of Migrant Justice’s campaign to convince the Hannaford supermarket chain to join the Milk With Dignity program, a WSR program focused on working conditions in the dairy industry.1 At the most recent annual shareholder meeting of Wendy’s, a US-based fast food franchise, several members of the board of directors faced opposition to renewal of their positions in response to what some shareholders perceived as Wendy’s inadequate disclosure on its efforts to protect workers in its supply chain.2 The opposition forms part of a years-long campaign by the Coalition of Immokalee Workers and its allies to convince Wendy’s to join the Fair Food Program, the inaugural WSR program.3
在美国各地,农场工人及其盟友正在动员起来,鼓励公司加入工人驱动的社会责任(WSR)计划。五一节当天,数百人举行游行,支持移民正义组织说服汉纳福德连锁超市加入“有尊严的牛奶”计划的运动。这是一项WSR计划,重点关注乳制品行业的工作条件。1在美国快餐连锁店Wendy’s最近的年度股东大会上,董事会的几名成员面临着更新职位的反对,以回应一些股东认为Wendy对其保护供应链中工人的努力披露不足的情况。2这种反对是Immokalee工人联盟及其盟友多年来说服Wendy加入公平食品计划的运动的一部分,首届WSR计划。3
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引用次数: 1
Missing in Action? Investor Responses to the War in Ukraine 行动中失踪?投资者对乌克兰战争的反应
IF 2.2 Q3 BUSINESS Pub Date : 2022-10-01 DOI: 10.1017/bhj.2022.26
Rebecca DeWinter-Schmitt, Samuel Jones, Richard M. Stazinski
Following the Russian annexation of Crimea in 2014, many investors responded by unloading their Russian sovereign debt holdings. However, data from Bloomberg show that at the time of the 24 February Russian invasion of Ukraine, ESG funds – investment funds pursuing environmental, social and governance goals – still held at least $8.3 billion in Russian assets;1 and while more than a thousand companies have curtailed their Russian operations and over 500 are holding off on new investments in the wake of Russia’s invasion,2 investors have been accused of being ‘missing in action’.3
2014年俄罗斯吞并克里米亚后,许多投资者纷纷抛售其持有的俄罗斯主权债务。然而,彭博社的数据显示,在2月24日俄罗斯入侵乌克兰时,ESG基金——追求环境、社会和治理目标的投资基金——仍持有至少83亿美元的俄罗斯资产;1尽管在俄罗斯入侵后,1000多家公司缩减了在俄罗斯的业务,500多家公司推迟了新的投资,但2名投资者被指控“行动中失踪”。3
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引用次数: 2
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Business and Human Rights Journal
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