Abstract Latin America has traditionally been both an object of great interest to business and human rights (BHR) scholars and a source of important contributions to the discussion of the most pressing challenges in the field. This article is an attempt at a systematic review of the Latin American contributions to the BHR scholarship to date. It relies on systematic data collection and qualitative analysis of an original dataset of existing literature on BHR in the Latin American context, with the hope of providing a baseline assessment of the state of the field and contributing to building an interdisciplinary and diverse research agenda moving forward. Special focus is paid to how particular regional characteristics shape Latin American contributions. More broadly, the article offers an opportunity to reflect on the place of Global South perspectives in the development of the field.
{"title":"Business and Human Rights in Latin America: A Systematic Review of Scholarship","authors":"Cristina Blanco Vizarreta, Weronika Betta","doi":"10.1017/bhj.2022.4","DOIUrl":"https://doi.org/10.1017/bhj.2022.4","url":null,"abstract":"Abstract Latin America has traditionally been both an object of great interest to business and human rights (BHR) scholars and a source of important contributions to the discussion of the most pressing challenges in the field. This article is an attempt at a systematic review of the Latin American contributions to the BHR scholarship to date. It relies on systematic data collection and qualitative analysis of an original dataset of existing literature on BHR in the Latin American context, with the hope of providing a baseline assessment of the state of the field and contributing to building an interdisciplinary and diverse research agenda moving forward. Special focus is paid to how particular regional characteristics shape Latin American contributions. More broadly, the article offers an opportunity to reflect on the place of Global South perspectives in the development of the field.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"342 - 374"},"PeriodicalIF":2.2,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42099757","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}
Abstract This article proposes to see the history of the international law on foreign investment as about the promotion of investor rights as much as the resistance to investor obligations. The argument is that the divide between investment protection and the responsibility of foreign investors is one of the most significant features of international investment law. The article shows that the different treatment of rights and obligations is grounded in the same business project and legal imagination. Maintaining this divide has never been easy, as this model faced resistance, particularly from Latin America, trade unions and human rights activists. The analysis concludes by noting that academics can contribute to reimagining the international law on foreign investment by bringing investment treaty law and business and human rights closer. This shift is already happening.
{"title":"Bridging the Gap between Foreign Investor Rights and Obligations: Towards Reimagining the International Law on Foreign Investment","authors":"Nicolás M. Perrone","doi":"10.1017/bhj.2022.16","DOIUrl":"https://doi.org/10.1017/bhj.2022.16","url":null,"abstract":"Abstract This article proposes to see the history of the international law on foreign investment as about the promotion of investor rights as much as the resistance to investor obligations. The argument is that the divide between investment protection and the responsibility of foreign investors is one of the most significant features of international investment law. The article shows that the different treatment of rights and obligations is grounded in the same business project and legal imagination. Maintaining this divide has never been easy, as this model faced resistance, particularly from Latin America, trade unions and human rights activists. The analysis concludes by noting that academics can contribute to reimagining the international law on foreign investment by bringing investment treaty law and business and human rights closer. This shift is already happening.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"375 - 396"},"PeriodicalIF":2.2,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46256884","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}
In response to a forced labour review by the International Labour Organization (ILO) that threatened to turn into a formal international inquiry,1 the government of Qatar commenced an ambitious programme of labour reforms aimed largely at addressing concerns about its treatment of migrant workers. About 2.4 million men and women,2 an estimated 88.4 per cent of the small Gulf nation’s population,3 are migrant workers. It has the second largest known gas reserves in the world, and its airbases are home to the largest United States military installation in the Middle East.4 Yet, the small Gulf emirate garnered little international scrutiny until it was awarded in 2010 the right to host the Fédération Internationale de Football Association (FIFA) men’s Football World Cup tournament in 2022.
{"title":"Qatar Labour Reforms Ahead of the FIFA 2022 World Cup","authors":"Mustafa Qadri","doi":"10.1017/bhj.2022.14","DOIUrl":"https://doi.org/10.1017/bhj.2022.14","url":null,"abstract":"In response to a forced labour review by the International Labour Organization (ILO) that threatened to turn into a formal international inquiry,1 the government of Qatar commenced an ambitious programme of labour reforms aimed largely at addressing concerns about its treatment of migrant workers. About 2.4 million men and women,2 an estimated 88.4 per cent of the small Gulf nation’s population,3 are migrant workers. It has the second largest known gas reserves in the world, and its airbases are home to the largest United States military installation in the Middle East.4 Yet, the small Gulf emirate garnered little international scrutiny until it was awarded in 2010 the right to host the Fédération Internationale de Football Association (FIFA) men’s Football World Cup tournament in 2022.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"319 - 325"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48387475","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}
In February this year, the European Commission finally released its proposal for an EU-wide Directive on Corporate Sustainability Due Diligence (‘the draft directive’).1 The draft directive, which follows the 2017 French devoir du vigilance (Duty of Vigilance) and the 2021 German Lieferkettengesetz (Supply Chain Law) as well as a 2020 European Parliament draft law on the same topic,2 is in various respects the most ambitious of its kind.3 Nonetheless, the move to legalize the concept of human rights and environmental due diligence as derived from the international standards has once again tempted European policy-makers (often in the name of ‘legal certainty’) to amend and limit aspects of the internationally agreed and -established concept, with the ultimate effect of reducing decade-long established responsibilities for companies.
{"title":"The EU’s Draft Corporate Sustainability Due Diligence Directive: A First Assessment","authors":"Christopher Patz","doi":"10.1017/bhj.2022.19","DOIUrl":"https://doi.org/10.1017/bhj.2022.19","url":null,"abstract":"In February this year, the European Commission finally released its proposal for an EU-wide Directive on Corporate Sustainability Due Diligence (‘the draft directive’).1 The draft directive, which follows the 2017 French devoir du vigilance (Duty of Vigilance) and the 2021 German Lieferkettengesetz (Supply Chain Law) as well as a 2020 European Parliament draft law on the same topic,2 is in various respects the most ambitious of its kind.3 Nonetheless, the move to legalize the concept of human rights and environmental due diligence as derived from the international standards has once again tempted European policy-makers (often in the name of ‘legal certainty’) to amend and limit aspects of the internationally agreed and -established concept, with the ultimate effect of reducing decade-long established responsibilities for companies.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"291 - 297"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47885157","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}
{"title":"BHJ volume 7 issue 2 Cover and Front matter","authors":"","doi":"10.1017/bhj.2022.23","DOIUrl":"https://doi.org/10.1017/bhj.2022.23","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"f1 - f6"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43415973","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}
David Alfrey, L. Amis, Stephen M. Nickelsburg, William Rook
Since 2017, the Fédération Internationale de Football Association (FIFA) has incorporated human rights risk assessments into its bidding requirements for major events, beginning with the competition to host the 2026 FIFA Men’s World Cup.1 This process began at a time of increased scrutiny on the impact of major events and greater focus on the applicability of the UN Guiding Principles on Business and Human Rights (UNGPs) to sport. In 2014, the Centre for Sport and Human Rights’ founding Chair Mary Robinson, together with John Ruggie (author of the UNGPs), wrote to FIFA in their respective capacities as Patron and Chair of the Institute for Human Rights and Business (IHRB) to stress the need for ‘sustained due diligence […] with respect to decisions about host nations and how major sporting events are planned and implemented’.2 Following recommendations set forth in the letter, expanded upon in Ruggie’s 2016 report ‘For the Game, For the World’, FIFA introduced robust bidding requirements that any country or region wishing to bid to host a World Cup will have to conduct a human rights risk assessment and outline how they intend to mitigate each of the risks identified.3 These requirements are designed to align the World Cup bidding process with the UNGPs.
{"title":"Candidate City Human Rights Proposals for the 2026 World Cup: The Promise of a Positive Legacy","authors":"David Alfrey, L. Amis, Stephen M. Nickelsburg, William Rook","doi":"10.1017/bhj.2022.21","DOIUrl":"https://doi.org/10.1017/bhj.2022.21","url":null,"abstract":"Since 2017, the Fédération Internationale de Football Association (FIFA) has incorporated human rights risk assessments into its bidding requirements for major events, beginning with the competition to host the 2026 FIFA Men’s World Cup.1 This process began at a time of increased scrutiny on the impact of major events and greater focus on the applicability of the UN Guiding Principles on Business and Human Rights (UNGPs) to sport. In 2014, the Centre for Sport and Human Rights’ founding Chair Mary Robinson, together with John Ruggie (author of the UNGPs), wrote to FIFA in their respective capacities as Patron and Chair of the Institute for Human Rights and Business (IHRB) to stress the need for ‘sustained due diligence […] with respect to decisions about host nations and how major sporting events are planned and implemented’.2 Following recommendations set forth in the letter, expanded upon in Ruggie’s 2016 report ‘For the Game, For the World’, FIFA introduced robust bidding requirements that any country or region wishing to bid to host a World Cup will have to conduct a human rights risk assessment and outline how they intend to mitigate each of the risks identified.3 These requirements are designed to align the World Cup bidding process with the UNGPs.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"311 - 318"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47715090","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}
{"title":"Jena Martin, Karen E Bravo and Tara Van Ho (eds), When Business Harms Human Rights: Affected Communities That Are Dying to Be Heard (New York, Anthem Press, 2020)","authors":"K. Buhmann","doi":"10.1017/bhj.2022.18","DOIUrl":"https://doi.org/10.1017/bhj.2022.18","url":null,"abstract":"legal in access to","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"326 - 328"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46231376","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}
Victims of transnational human rights violations caused by multinational corporations (MNCs) are often confronted with substantial impediments to effective remedies. While justice is de facto unattainable in host state courts, due to weak government or the absence of judicial independence, barriers that prevent victims from litigating in home states are no less insurmountable. Transnational litigation in home states has faced jurisdictional challenges. Defendant corporations have argued that home state courts are not the most appropriate forum to hear a case involving foreign torts.1
{"title":"Vietnam Marine Life Disaster: A Test Case of a Home State’s Jurisdiction in Taiwan","authors":"Chia-Yun Po","doi":"10.1017/bhj.2022.20","DOIUrl":"https://doi.org/10.1017/bhj.2022.20","url":null,"abstract":"Victims of transnational human rights violations caused by multinational corporations (MNCs) are often confronted with substantial impediments to effective remedies. While justice is de facto unattainable in host state courts, due to weak government or the absence of judicial independence, barriers that prevent victims from litigating in home states are no less insurmountable. Transnational litigation in home states has faced jurisdictional challenges. Defendant corporations have argued that home state courts are not the most appropriate forum to hear a case involving foreign torts.1","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"303 - 310"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41992167","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}
Abstract In this article, we explore what intersectionality, as an analytic tool, can contribute to business and human rights (BHR) scholarship. To date, few BHR scholars have explicitly engaged in intersectional analysis. While gender analysis of BHR issues remains crucial to expose inequality in business activity, we argue that engagement with intersectionality can enrich and support this and other BHR scholarship. Intersectional approaches allow us to move beyond single-axis analysis, contest simplistic representations about gender issues and expose the complexity of human relations. It draws our attention to structures that sustain disadvantage such as racism, colonialism, social and economic marginalization and systematic discrimination. Moreover, intersectionality emphasizes the need to centre the contributions of those who have been marginalized. It can be used to challenge the legitimacy of the state and support subaltern, decolonized or postcolonial, including indigenous, perspectives. Adopting an intersectional approach can help problematize the neoliberal capitalist system and its constructs, in which the BHR normative framework is embedded, calling into question the reification of economic growth and its impact on individuals, communities and the planet. We must, however, remain cautious of attempts to co-opt intersectionality in the service of neoliberalism and remain conscious of our own privilege and discursive practices.
{"title":"Gender and Intersectionality in Business and Human Rights Scholarship","authors":"Melisa Handl, S. Seck, Penelope Simons","doi":"10.1017/bhj.2022.12","DOIUrl":"https://doi.org/10.1017/bhj.2022.12","url":null,"abstract":"Abstract In this article, we explore what intersectionality, as an analytic tool, can contribute to business and human rights (BHR) scholarship. To date, few BHR scholars have explicitly engaged in intersectional analysis. While gender analysis of BHR issues remains crucial to expose inequality in business activity, we argue that engagement with intersectionality can enrich and support this and other BHR scholarship. Intersectional approaches allow us to move beyond single-axis analysis, contest simplistic representations about gender issues and expose the complexity of human relations. It draws our attention to structures that sustain disadvantage such as racism, colonialism, social and economic marginalization and systematic discrimination. Moreover, intersectionality emphasizes the need to centre the contributions of those who have been marginalized. It can be used to challenge the legitimacy of the state and support subaltern, decolonized or postcolonial, including indigenous, perspectives. Adopting an intersectional approach can help problematize the neoliberal capitalist system and its constructs, in which the BHR normative framework is embedded, calling into question the reification of economic growth and its impact on individuals, communities and the planet. We must, however, remain cautious of attempts to co-opt intersectionality in the service of neoliberalism and remain conscious of our own privilege and discursive practices.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"201 - 225"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49580656","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}
{"title":"BHJ volume 7 issue 2 Cover and Back matter","authors":"","doi":"10.1017/bhj.2022.22","DOIUrl":"https://doi.org/10.1017/bhj.2022.22","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":" ","pages":"b1 - b2"},"PeriodicalIF":2.2,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48762765","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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