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Ten years after the publication of the United Nations Guiding Principles on Business and Human Rights (UNGPs), implementation efforts are in full swing. Companies in particular have used their existing corporate social responsibility (CSR) structures to make sense of and implement Pillar II of the UNGPs. This process has led to a co-optation of the business and human rights (BHR) agenda. One manifestation of such co-optation is the instrumentalization of CSR to confront and undermine the growing trend towards binding BHR legislation. Accordingly, this contribution conceptualizes Pillar II implementation as a process of domestication, co-optation and confrontation of the BHR agenda. It makes sense of this process by juxtaposing it with long-standing critique against CSR put forth particularly by critical management scholars, raising the question whether CSR is indeed well-equipped to drive BHR implementation efforts within companies.
This article provides an overview of the key features of multinational human rights litigation in the United Kingdom, including the development of a tort-based parent company duty of care, the principles relating to forum non conveniens and applicable law and other key procedural and practical barriers to victims’ access to justice. The article highlights some of the actual and perceived limitations of litigation. It also considers the concurrent development of and mutually reinforcing relationship between MNC tort litigation and the field of Business & Human Rights.
The decade of the United Nations Guiding Principles on Business and Human Rights (UNGPs) coincides with India’s National Voluntary Guidelines on businesses’ social, environmental, and economic responsibilities (NVGs) and the National Guidelines on Responsible Business Conduct (NGRBC) – an updated version of the NVGs. Human rights are one of the core principles in both guidelines and they draw upon the ‘Protect–Respect–Remedy’ framework of the UNGPs. The NVGs and NGRBC go beyond the UNGPs by requiring organizations not only to respect human rights, but also to promote them in their spheres of influence. Several factors, however, derailed the implementation of this progressive policy shift. This article explores the challenges in implementation and calls for the multiple actors involved to work together and shape a collaborative action plan for effective implementation of the NGRBC in the next decade. The authors reiterate the need for alternative lenses to frame the responsible business agenda within developing countries through positive obligations.
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.
The article examines the debates at the Asian Socialist Conference's (ASC) inaugural gathering in Rangoon in January 1953, using a variety of sources, including the minutes of the conference meetings found in the Swedish Social Democratic Party archives. The focus is on the efforts of Asian socialists to define Asian socialism in terms of three broad subjects: international politics; domestic politics; and economic politics. Throughout, particular attention is accorded to the role played by understandings of European socialism. The argument is threefold: that socialism was central to the ASC project, prompting efforts to define Asian socialism; that these efforts invariably raised the fraught question of Asian socialism's relationship with European socialism; and that the stakes involved in Rangoon were not limited to Asian socialism, but also involved socialism's potential as a global movement.
The scholarly consideration of the marketing of luxury goods like paintings in Renaissance Europe has rightly concentrated on the Italian and Netherlandish experiences, while the discussion of an English retail market for paintings has focused on a later era. This article investigates the retail sale of painting in Tudor and early Stuart times. It asks what sorts of paintings were sold, who sold them, and what sorts of spaces accommodated such sales. Whereas conventional art historical research has concentrated on the production and sale of portraits, the discovery of an early seventeenth-century list of coat of arms painters holding retail shops in London adds additional support to the prominence of arms painting in such retail sales. This article considers the social context underlying the importance of displaying coats of arms and shows that arms painters engaged in the retail sale as well as the production of arms. The article proceeds to examine the varieties of retail spaces in which sales took place and concludes with a consideration of how retail sale of paintings contributed to London's role as a cultural center.
The current study reveals that the Buddhist egalitarian spiritual message found global resonance in an era of globalized inequality. By comparing three modern retellings of an ancient romance between an outcaste (untouchable/Dalit) maiden and the Buddha's attendant Ānanda, this study showcases a shared socio-spiritual horizon that emerged in the Indian and Chinese Buddhist revivals and that thwarted colonial epistemic domination and offered powerful social critiques. More specifically, this study shows that the Indian and Chinese afterlives of the romance display innovative formations of Buddhist social consciousness. The authors reinterpreted equality and freedom on Buddhist terms, creating a new standard of civilization. Employing this “already democratic” Buddhist civilization, they launched critiques of the Indian caste system and Chinese patriarchy. This socio-spiritual horizon subverts the typecast images of “spiritual India” and “rational China.” Whereas these images reflect the limits of the comparative lens based on political regimes – namely, Indian democracy and Chinese socialism – the current study goes beyond regime types by examining diverse formations of universal religion in the cultural sphere. More broadly, a critical strategy for provincializing Europe is to block the colonial gaze and instead showcase the vibrant cultural productions and meaning-making that circulated at the margins of empire.
Ancient DNA from Yersinia pestis has been identified in skeletons at four urban burial grounds in Cambridge, England, and at a nearby rural cemetery. Dating to between ad 1349 and 1561, these represent individuals who died of plague during the second pandemic. Most come from normative individual burials, rather than mass graves. This pattern represents a major advance in archaeological knowledge, shifting focus away from a few exceptional discoveries of mass burials to what was normal practice in most medieval contexts. Detailed consideration of context allows the authors to identify a range of burial responses to the second pandemic within a single town and its hinterland. This permits the creation of a richer and more varied narrative than has previously been possible.
Mill defines utilitarianism as the combination of a “theory of life” and a moral claim: only pleasure and freedom from pain are desirable as ends, and the promotion of happiness is the sole goal of moral action. So defined, utilitarianism is open to ad hominem pessimistic objection: a “theory of life” which entails the impossibility of happiness fits poorly with a morality centered on its promotion. The first two challenges Mill confronts in Utilitarianism share this pessimistic structure. Interestingly, however, these challenges paint inverted pictures of the best utilitarian life: one suggests this life is satisfying but ignoble, the other that it is noble but unsatisfying. I explain Mill's treatment of both challenges as genuinely pessimistic interpretations of utilitarianism's “theory of life.” Read through the lens of Mill's engagement with pessimism, these challenges point to distinctive conceptions of dignity and satisfaction that play a significant role in Mill's ethics.
This paper discusses weather observations of Moravian missionaries in Greenland in the long 18th century, placing them in the broader context of their missionary work at Neu-Herrnhut and other stations as well as their comments on the natural world. Some of their climate-related remarks and measurements were published and discussed in print, notably in David Cranz’ History of Greenland and a number of scholarly reviews at the time. These publications are compared to and complemented by data retrieved by the authors from unpublished source material in the Moravian Archives in Herrnhut, Germany, demonstrating that the Moravian diaries can fill in significant gaps in Greenland’s weather charts before systematic measurements were introduced in the 19th century. Their special interest for climate studies is underscored in conclusion, in particular their observations of extreme climate events that can allow us to better characterise the amplitude and geographical extent of such events and to compare them with climate model simulations in order to better understand the respective roles of external (volcanism, solar activity) and internal (atmospheric circulation) forcings and the impacts of potential feedbacks within the ocean–atmosphere system.
Place names serve a symbolic function in enforcing colonial power over landscapes. Within colonial locales, place names reproduce and reflect the ideological goals of settlers to reinforce or claim space for an individual, group or nation. One toponymically understudied colonial region where place names play a prominent role is the Antarctic, where the names of research bases promote the cultural power of settler nations to symbolically claim the continental landscape. As Antarctica is a geopolitically contested space, Antarctic research base names serve as an ideological purpose in reinforcing claims to the Antarctic, contrasting the ostensibly scientific purpose of research bases. This paper examines Antarctic research base names by categorising and interpreting their naming sources through a critical toponymic lens. This paper discusses general Antarctic naming trends and establishes possible reasons and outcomes of their employment, using three primary arguments: (1) Antarctic research base names are often nationalistic and reflect the implicit geopolitical goals of settler nations, (2) Antarctic research base names reflect and reproduce ongoing polar colonialism and (3) contestation over the naming of Antarctic research bases exemplifies the iconographical and cultural conflict between Antarctic nations. This paper seeks to provoke a future toponymic investigation into Antarctica and study Antarctic cultural landscapes more generally.
The North Korean police were arguably one of the most important organisations in liberated North Korea. It was instrumental in stabilising the North Korean society and eventually became one of the backbones for both the new North Korean regime and its military force. Scholars of different political orientation have attempted to reconstruct its early history leading to a set of views ranging from the “traditionalist” sovietisation concept to the more contemporary “revisionist” reconstruction that portrayed it as the cooperation of North Korean elites with the Soviet authorities in their bid for the control over the politics and the military, in which the Soviets merely played the supporting role. Drawing from the Soviet archival documents, this paper presents a third perspective, arguing that initially, the Soviet military administration in North Korea did not pursue any clear-cut political goals. On the contrary, the Soviet administration initially viewed North Koreans with distrust, making Soviets constantly conduct direct interventions to prevent North Korean radicals from using the police in their political struggle.
This article explores collective identity frames and discursive strategies employed by social movement actors mobilizing in ethnically divided societies, a context where ethnicity constitutes the primary collective category of identification. By using Bosnia and Herzegovina as a case study, it analyzes movement framing in three waves of social protests that occurred in the country in the last decade. Specifically, it investigates the diverse ways in which movement leaders tackled ethnicity in their discourses. The article shows that movement leaders’ narratives rested, respectively, on the primacy of human and citizenship rights, a common feeling of deprivation, and victimhood. Their approach toward ethnicity, however, differed in each wave. Ethnicity was openly rejected in 2013, avoided and not openly contested in 2014, and accepted and approached as an opportunity to bring further support to the movement in 2018. The article highlights that ethnicity can be tackled differently by social movement actors mobilizing on nonethnic grounds in divided societies, and that it might constitute a vantage point for social mobilization rather than a drawback, contributing to raising transversal solidarity.
Situated at the interplay between ethnic politics, migration, border, and security studies, this contribution analyzes processes of securitization of borders in South Tyrol, an Italian province bordering Austria and Switzerland with a German- and Ladin-speaking population and a past of ethnic tensions. South Tyrol is considered a model for fostering peaceful interethnic relations thanks to a complex power-sharing system. However, the arrival of migrants from foreign countries and the more recent influx of asylum seekers have revitalized debates around the borders between South Tyrol/Italy and Austria and among South Tyrolean linguistic groups. The current COVID-19 pandemic has brought further complexity to the issue. I use the concept of securitization—the process through which an issue is considered as an existential threat requiring exceptional measures—in order to understand why and how borders become exclusionary and restrictive, shaping dynamics of othering. With this framework, the article explores how South Tyrolean borders have been subjected to (de)securitizing and resecuritizing moves in discourses and practices. In this way, I shed new light on debates on the articulation of borders and interethnic relations that are occurring due to recent international migration, consolidation of nationalist agendas, and the current pandemic.