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This article discusses the evolution, current trends, limitations and controversies around the understanding and practice of human rights due diligence (HRDD), a concept developed in the course of the work of United Nations (UN)-mandate holder, John Ruggie, and enshrined in the UN Guiding Principles on Business and Human Rights. While the concept has gathered broad acceptance and a growing number of legislative proposals are seeking to entrench it in law, significant differences of opinion exist among stakeholders as to its nature, objectives and relationship, if any, with legal liability. These differing understandings are at play in a contest to shape future legislation. Some of these carry significant risks for rights-holders, notably the risk of outcome being superseded by process and superficial, compliance-oriented HRDD prevailing in the law or in its interpretation and practice. As legislative efforts continue, the authors warn against the risk of hollow laws which do little to change the status quo or, even worse, inadvertently provide a tool to further impunity for business-related human rights abuses.
Many transnational corporations (TNCs) that conducted business in South Africa during apartheid had deemed it profitable and desirable, despite the country’s systemic human rights violations against its majority black population. In the aftermath of the 1960 Sharpeville Massacre and 1976 student uprising, various United Nations and other international resolutions condemned TNCs for their incestuous relationship with apartheid South Africa and called for international sanctions against the regime. The demise of apartheid in 1994 brought about a new democratic, constitutional dispensation based on respect for human rights. However, attempts at holding TNCs liable for aiding and abetting the apartheid regime were fraught with obstacles and proved unsuccessful. Yet, the pursuit of strategic, class action litigation in areas as diverse as collusive conduct in bread manufacturing to occupational lung disease in South Africa’s goldmining industry have proven to be more successful in developing legal remedies against corporate harm. Areas impacted are extended legal standing under the common law, development of new causes of action and generous application of contingence fees arrangement.
With a basis in conservation of resources theory, this study investigates how social adaptive behavior might mediate the relationship between employees' perceptions of organizational politics and their turnover intentions, as well as a buffering role of their emotional regulation skills as a critical personal resource. Data collected from employees in the food sector reveal that beliefs about dysfunctional political games spur turnover intentions, driven by employees' unwillingness to adjust themselves to the actions of their organizational colleagues. This mediating role of social adaptive behavior, or its lack, is less salient when employees have a greater ability to control their own emotions though. For organizations, this study accordingly pinpoints a key mechanism—a reluctance to accommodate other members' preferences—by which perceived organizational politics can escalate into a desire to leave the organization. It also reveals how this mechanism can be better contained by employees' ability to remain calm, even in difficult situations.
Firms and governments often negotiate economic development deals, such as tax abatements, with limited transparency, using exceptions to public records laws or other strategies for nondisclosure. In this article we explore the motivations of firms for keeping economic development deals out of the public eye. We explore legal challenges to public records requests for deal-specific, company-specific participation in a state economic development incentive program. By examining applications for participation in a major state economic program, the Texas Enterprise Fund, we find that a company is more likely to challenge a formal public records request if it has renegotiated the terms of the award to reduce its job-creation obligations. We interpret this as companies challenging transparency when they have avoided being penalized for noncompliance by engaging in nonpublic renegotiations. These results provide evidence regarding those conditions that prompt firms to challenge transparency and illustrate some of the limitations of safeguards such as clawbacks (or incentive-recapture provisions) when such reforms aren't coupled with robust transparency mechanisms. We speculate that the main motivation for these challenges is to limit scrutiny of these deals that could lead to backlashes against future economic development agreements.
Managers make comprehensive strategic decisions to cope with environmental challenges. Questions remain regarding how different types of leadership styles influence top management team (TMT) strategic decision comprehensiveness (SDC) and firm performance. This study explores the impact of two different CEO leadership styles on TMT SDC and subsequent firm performance, considering the moderating role of TMT cognitive conflict. Based on data from 357 questionnaires of 126 firms in China, we found that 1) CEO empowering leadership positively affects SDC; 2) CEO directive leadership generates an inverted U-shaped effect on SDC; 3) the effect of SDC on firm performance is positive; and 4) TMT cognitive conflict weakens the relationship between CEO empowering leadership and SDC. This study takes a systematic approach by integrating CEO-TMT dynamics into SDC, which in turn affects firm performance, and thus offers a holistic view of how upper echelons influence firm performance.
Although the automobile industry has served as the backbone of much business history scholarship, business historians have paid little attention to this industry’s actions concerning the complex of environmental issues that took hold in the 1960s. Volvo represents a captivating case study to gain insight into why the automobile industry’s growth has been difficult to align with the shift toward environmental sustainability. Although Volvo pioneered the exhaust emission control technology on the U.S. market in the 1970s and gained an international reputation for high environmental and safety standards in the decades that followed, the company was unable to seriously address climate change in the 1990s. This article identifies several key factors impacting the automobile industry’s passive response to environmental challenges—for instance, weak and asymmetric emission control regulations on international markets, consumer preferences for larger cars (SUVs) in the 1990s, and a lack of systematic regulatory pressure to shift from fossil fuels and the internal combustion engine. In the case of Volvo, world leadership in safety standards, rather than low carbon emissions, constituted the company’s competitive advantage as climate change emerged as one of the most critical environmental issues in the 1990s.
Transition from the military environment into a civilian environment is a topic that has seen increasing attention within the last two decades. There is, in the literature, a clearly articulated issue that transition from the military to the civilian world is somewhat different to transitioning from school to work, or from career to career, or from work to retirement. Many, but not all, of the extant examples regarding military transition are case studies, focus groups or small-scale qualitative surveys. The following article details a large-scale survey that took place in New Zealand in 2019. From just over 1400 responses, a wide range of information was gathered. The aim of the survey was to uncover the experiences of military who had undergone transition within New Zealand. In this respect, the survey was exploratory. We report here the qualitative results that expand the existing body of knowledge of military transition. Our results are in line with international results and demonstrate that a large majority of respondents had a less than desirable transition experience. The contribution made therefore is a reinforcement that current practice in this area is needing a great deal of attention. The following outlines the experiences our New Zealand-based respondents had and how this mirrors the extant international literature. As this was the first survey of its kind to attract large numbers of respondents within New Zealand, the results and discussion that follow present aspects of transition that the Ministry of Defence and the New Zealand Defence Force may wish to consider when planning future transition programmes.
The influence of technological learning on industry-level catch-up has long drawn substantial attention in the catch-up research field. However, the underlying mechanisms of technological learning and the unique catch-up context in large emerging economies are much less explored. To explain the technological learning processes of latecomers that face the technology gap and strive to build differentiated competitive advantage, this study builds on the absorptive capacity perspective and deconstructs technological learning processes into two mechanisms: technology decomposition and technology recombination. The former entails decomposing advanced technologies into pieces, parts, or modules, while the latter entails the process of capturing market opportunities through recombining knowledge from diverse sources into commercial products through localized innovations and adaptations. Then, we propose a unique ‘ladder-like’ catch-up context (i.e., technology ladder and market ladder) and investigate how the technological learning process and the unique catch-up context jointly affect industrial catch-up performance in China. Using seven-year panel data from Chinese manufacturing industries, the results indicate that only technology recombination has a significantly positive relationship with industrial catch-up performance. In addition, the market ladder strengthens the positive impact of technology recombination on industrial catch-up, while the technology ladder weakens the positive impact of technology decomposition on catch-up.
The purpose of this study was to acquire meaningful insights on the determinants of creativity with a meticulous examination, and by dint of that, expand the concerned literature. To accomplish the same, a conceptual model that includes authentic leadership, employee creativity, and leader–member exchange (LMX) was methodically developed and evaluated. This research is a quantitative study incorporating a self-report survey. The data were amassed from hotel employees in Northern Cyprus. Data from 314 applicable surveys were analyzed using Statistical Package for the Social Sciences (SPSS)-22 and analysis of a moment structures (AMOS)-18 programs. Based on the findings, it can be deduced that authentic leadership has a considerable impact on employee creativity, while LMX plays an intermediary role in this relationship. The results of this study are useful and relevant for both researchers and policymakers.
Boards of directors are at the apex of organisational decision-making and so are central in ensuring effective corporate governance. But boards are under increasing scrutiny due to the continuing prevalence of scandals and failures. Boards have been viewed as set up to fail because the demands placed upon them cannot effectively be delivered. In this Element, I examine this tension and look at the board as a working group, one which has an input, a process and an output. Through looking at the board as a group, the dynamics of how boards, and the potential for effective and ineffective operation, are highlighted. I conclude with outlining how the future of board dynamics may evolve.
In this Element, we examine how organizational researchers have published articles contributing to organization theory in high quality organizational journals, and we examine how healthcare researchers have drawn on organization theory in healthcare management journals. We have two main aims in writing this Element. The first is to motivate scholars working in the field of general organizational and management studies to increasingly use healthcare settings as an empirical context for their work in theory development. Our second aim is to encourage healthcare researchers to increase their use of organizational theory to advance knowledge about the provision of healthcare services. Our investigations revealed a growing number of organizational studies situated in healthcare. We also found a disappointing level of connection between research published in organization journals and research published in healthcare journals. We provide explanations for this division, and encourage more crossdisciplinary work in the future.
How does the structure of financial intermediaries’ liabilities affect their asset holdings? We investigate the consequences of the 2014 money market fund (MMF) reform, which imposed redemption gates and liquidity fees on prime MMFs and forced prime funds marketed to institutional investors to switch from constant to floating net asset value. These changes made prime MMFs’ liabilities less money-like. As a consequence, the affected MMFs experienced an increase in flow–performance sensitivity and started taking more risks. In addition, the total funding provided by MMFs to the corporate sector, and especially to safer issuers, has decreased.
The prevalence of workplace deviance has become an urgent issue for managers. Although increasing research has investigated the detriments of workplace deviance on other employees and organizations, limited research has studied the harm of workplace deviance on perpetrators themselves. This research drew from appraisal theories of emotion and sought to understand perpetrators' affective and behavioral consequences of engaging in deviance. Using a diary method, a survey consisting of 92 employees with 918 observations was conducted. The results reveal that employees' deviance is positively related to their feeling of fear and that fear overrides feelings of guilt, ultimately decreasing work engagement and organizational citizenship behavior (OCB). Importantly, perceived benevolent leadership weakens the effects of deviance on perpetrators themselves by relieving fear associated with past deviance and mitigating the negative influences of fear on OCB.
Executive education programs offered by business schools became a global phenomenon for developing top managers in the 1960s. These programs were established in more than 40 countries in Europe, Asia, Africa, and Latin America in less than two decades. This article explores the phenomenon in three different Latin American contexts: Central America, Peru, and Colombia. In all these cases, initiatives led to successful executive programs, which contributed to the growth of business schools that gradually achieved high international reputation. By studying the way that various U.S. actors interacted differently with local actors in the three cases, the article contributes to three discussions within business history: the history of Americanization, management education, and the alternative business history of emerging markets.
Since 2008, academics and policymakers have frequently debated why bond rating agencies such as Moody's, S&P, and Fitch enjoy considerable power and influence. The 2008 financial crisis focused our attention on the bond rating agencies that had previously categorized mortgage-backed securities as investment grade. Scholars have attributed the power enjoyed by the rating agencies to regulations that confer a privileged status on those agencies that are designated as nationally recognized statistical rating organizations (NRSROs) by the U.S. Securities and Exchange Commission (SEC). While these authors mention in passing that the relevant regulation went into effect in 1975, none has conducted archival research to examine why this regulation was introduced at that time. This article is the first historical investigation of the creation of this crucial regulation, which entrenched the concept of the NRSRO in federal securities law. It shows that the SEC mandated the use of NRSRO-created ratings even though SEC officials vigorously debated whether it was wise for the commission to endorse ratings produced by agencies that operate on the basis of the controversial issuer-pay model. This article contributes to our understanding of the SEC's role in the development of the distinctive features of American capitalism.
Emerging research in the idiosyncratic deals literature is to examine its negative effects. Thus far, much remains unknown about how and when idiosyncratic deals are associated with employee creative process engagement. Invoking fairness heuristic theory and trait activation theory, we propose and test a model that coworker's idiosyncratic deals have a negative association with witness's creative process engagement through psychological contract violation. Furthermore, we theorize and test the combination of the responsibility for change and perceived exploitative leadership as important boundary conditions, associate interact with coworker's idiosyncratic deals to strengthen the positive impact on psychological contract violation, thereby reducing witness's creative process engagement. We use two time-lagged studies to provide support for these mediation and moderation effects, and also discuss the theoretical and practical implications of these findings.
The coronavirus disease 2019 (COVID-2019)-induced changes in the workplace present a timely opportunity for human resource management practitioners to consider and remediate the deleterious effects of noise, a commonly cited complaint of employees working in open-plan office (OPO) environments. While self-reports suggest that OPO noise is perceived as a stressor, there is little experimental research comprehensively investigating the effects of noise on employees in terms of their cognitive performance, physiological indicators of stress, and affect. Employing a simulated office setting, we compared the effects of a typical OPO auditory environment to a quieter private office auditory environment on a range of objective and subjective measures of well-being and performance. While OPO noise did not reduce immediate cognitive task performance compared to the quieter environment, it did reduce psychological well-being as evidenced by self-reports of mood, facial expressions of emotion, and physiological indicators of stress in the form of heartrate and skin conductivity. Our research highlights the importance of using a multimodal approach to assess the impact of workplace stressors such as noise. Such an approach will allow HR practitioners to make data-driven recommendations about the design and modification of workspaces to minimize negative effects and support employee well-being.
After fitting a topic model to 40,927 COVID-19–related paragraphs in 3,581 earnings calls over the period Jan. 22–Apr. 30, 2020, we obtain firm-level measures of exposure and response related to COVID-19 for 2,894 U.S. firms. We show that despite the large negative impact of COVID-19 on their operations, firms with a strong corporate culture outperform their peers without a strong culture. Moreover, these firms are more likely to support their community, embrace digital transformation, and develop new products than those peers. We conclude that corporate culture is an intangible asset designed to meet unforeseen contingencies as they arise.
Despite significant progress in business and human rights (BHR) discourse and the practices of multinational corporations (MNCs), persons with disabilities and disability rights are absent from both the key instruments and practice of BHR. This lacuna exists despite the near-universal ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities, as well as the fact that disabled persons constitute over 15 per cent of the global population and MNC operations impact them greatly and disproportionately. We argue that MNCs have a central role, responsibility and opportunity to foment change globally in fulfilling the human rights of persons with disabilities through their employment practices and by leveraging their economic power to fulfil other aspects of disability-based human rights. Doing so requires the development and self-enforcement of disability-specific human rights due diligence (HRDD) processes, and creating a general culture of diversity, equity and inclusion that encompasses disability.
This study examines the transplantation and evolution of business law in the late Ottoman Empire and the early Turkish republic, drawing broader implications for the economic and political determinants of legal transplantation for late industrializers. We show that the underlying political economy context was influential in shaping the way commercial law was transplanted and evolved in Turkey. Extraterritorial rights in the nineteenth century eroded the incentives to demand legal change by providing alternative legal rules to the non-Muslim commercial elite; the nation-building efforts of the twentieth century cultivated a new Muslim business class that was reliant on the state's goodwill for success and could not effectively push for more open access to novel forms of business organization.