Business and Human Rights in Southeast Asia

Author: Mahdev Mohan
Publisher: Routledge
ISBN: 1317964306
Format: PDF
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Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.

Routledge Handbook of Civil Society in Asia

Author: Akihiro Ogawa
Publisher: Routledge
ISBN: 135158734X
Format: PDF, ePub, Docs
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The Routledge Handbook of Civil Society in Asia is an interdisciplinary resource, covering one of the most dynamically expanding sectors in contemporary Asia. Originally a product of Western thinking, civil society represents a particular set of relationships between the state and either society or the individual. Each culture, however, molds its own version of civil society, reflecting its most important values and traditions. This handbook provides a comprehensive survey of the directions and nuances of civil society, featuring contributions by leading specialists on Asian society from the fields of political science, sociology, anthropology, and other disciplines. Comprising thirty-five essays on critical topics and issues, it is divided into two main sections: Part I covers country specific reviews, including Japan, China, South Korea, India, and Singapore. Part II offers a series of thematic chapters, such as democratization, social enterprise, civic activism, and the media. As an analysis of Asian social, cultural, and political phenomena from the perspective of civil society in the post-World War II era, this book will be useful to students and scholars of Asian Studies, Asian Politics, and Comparative Politics.

Handbook of Indigenous Peoples Rights

Author: Damien Short
Publisher: Routledge
ISBN: 1136313869
Format: PDF, ePub
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This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

The ECHR and Human Rights Theory

Author: Alain Zysset
Publisher: Taylor & Francis
ISBN: 1317248139
Format: PDF, Docs
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The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.

Regulating Tobacco Alcohol and Unhealthy Foods

Author: Tania Voon
Publisher: Routledge
ISBN: 1317910842
Format: PDF, ePub, Mobi
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The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation. Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.

Human Rights in Business

Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
ISBN: 1351979159
Format: PDF, ePub
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Corruption in Commercial Enterprise

Author: Liz Campbell
Publisher: Routledge
ISBN: 1351602217
Format: PDF, ePub, Mobi
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This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Business and Human Rights

Author: Rory Sullivan
Publisher: Routledge
ISBN: 1351281267
Format: PDF, ePub, Docs
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The end of the Cold War and the virtual disappearance of communism have completely altered the world economy. The supply chains of supermarkets and consumer goods industries have spread ever more widely and deeply into Asia, Africa and South America, while oil, mining and financial companies, among many others, have invested heavily in countries that were previously denied to them by political or ideological barriers. While companies have seized the opportunities presented by globalisation, they have in many cases been completely unprepared for the risks presented by their headlong rush into these new markets. Companies have found themselves and their business partners operating in countries where corruption, injustice, internal conflict and human rights violations are rife. An increasingly alert and critical world has acted as watchdog, highlighting corporate malpractice and the links between corporations and repressive regimes. It has increasingly been argued that companies have responsibilities for the protection and promotion of human rights. These arguments are, at least to some extent, accepted by companies. Yet, despite the increasing use of human rights language in public policy discourses, the expectations of companies remain unclear. That is, what are the ethical imperatives? What are the legal expectations? How far does responsibility extend? What can companies actually do in practice? The debate is further complicated by the range of actors (companies, governments, international institutions, local communities, non-governmental organisations [NGOs], trade unions, consumers) involved; by debates around free trade versus and fair trade; by the discussion of the specific role of governments; and by questions about the relative merits of regulation and self-regulation. Business and Human Rights provides an analysis of the relationship between companies and human rights in the context of globalisation. The analysis is in two parts. The first maps the reasons (financial, ethical, regulatory) why human rights have become a business issue. However, simply because there are reasons why companies should be concerned about human rights, this does not say what companies should or could do. Therefore, the second part of the book looks at the practical experiences of companies in responding to specific human rights issues in the context of their own operations, in their supply chains and in specific countries. These case studies, many of which have not been previously published or analysed from the perspective of human rights, provide important insights into questions such as: How do companies organise themselves to respond to human rights challenges? What have the experiences been-positive and negative? How have companies responded to specific situations? What are the roles and responsibilities of other actors: government, trade unions, NGOs? What are the limits to responsibility? In this outstanding collection, Rory Sullivan has drawn together leading thinkers and actors from the debate on business and human rights, to establish how far the business and human rights debate has evolved, and explore the many complex questions around roles, responsibilities and solutions that remain to be answered.

Pioneering Healthcare Law

Author: Catherine Stanton
Publisher: Routledge
ISBN: 1317505999
Format: PDF, ePub, Docs
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This book celebrates Professor Margaret Brazier’s outstanding contribution to the field of healthcare law and bioethics. It examines key aspects developed in Professor Brazier’s agenda-setting body of work, with contributions being provided by leading experts in the field from the UK, Australia, the US and continental Europe. They examine a range of current and future challenges for healthcare law and bioethics, representing state-of-the-art scholarship in the field. The book is organised into five parts. Part I discusses key principles and themes in healthcare law and bioethics. Part II examines the dynamics of the patient–doctor relationship, in particular the role of patients. Part III explores legal and ethical issues relating to the human body. Part IV discusses the regulation of reproduction, and Part V examines the relationship between the criminal law and the healthcare process. Offering a collaborative review of key and innovative themes in the field, the book will be of great interest and use to academics and students working in healthcare law and bioethics, and those working in health policy, law and regulation at both national and international levels. Chapter 10 of this book is freely available as a downloadable Open Access PDF at www.tandfebooks.com/openaccess. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license.

Sexuality Health and Human Rights

Author: Sonia Corrêa
Publisher: Routledge
ISBN: 1134266677
Format: PDF, ePub, Docs
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This new work surveys how rapid changes taking place at the start of the twenty-first century in social, cultural, political and economic domains impact on sexuality, health and human rights. The relationships between men, women and children are changing quickly, as are traditional family structures and gender norms. What were once viewed as private matters have become public, and an array of new social movements – transgender, intersex, sex worker, people living with HIV – have come into the open. The book is split into three sections: Global ‘Sex’ Wars – discusses the notion of sexualities, its political landscapes internationally, and the return of religious fervour and extremism Epistemological Challenges and Research Agendas – examines modern ‘scientific’ understandings of sexuality, its history and the way in which AIDS has drawn attention to sexuality The Promises and Limits of Sexual Rights – discusses human rights approaches to sexuality, their strengths and limitations and new ways of imagining erotic justice Offering a unique framework for understanding this new world, set in the context of the major theoretical debates of recent decades, this book will be of interest to professionals, advocates and policy researchers and is suitable for a wide range of courses covering areas such as gender studies, human sexuality, public health and social policy.