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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.
Mercer (2018) makes a compelling argument for the urgent need to further research teacher psychology, focussing on language teachers. While there has been considerable research on language learner psychology and with considerable focus on individual differences (IDs), there have been comparatively few studies into language teacher psychology. Mercer (2018, p. 506) highlights that teachers are among the most important stake holders in the language learning and teaching process. Therefore, it is essential to understand the psychology of both learners and teachers to achieve the best learning outcomes.
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.
This article examines ʿAbd al-Ilah al-Qinaʿi's early 20th-century melding of local, imperial, and transoceanic health practices alongside his 21st-century reemergence as a protonational Kuwaiti doctor. In the early 20th century, geographically and ideologically expansive horizons of health care fostered the emergence of hybrid medical practices. Facilitated by his access to multiple medical spheres and his proximity to Kuwait's rulers, ʿAbd al-Ilah was uniquely positioned to meet the demands of health-seeking consumers. In the 21st century, Kuwaitis' search for a national history that naturalizes claims to citizenship has resulted in ʿAbd al-Ilah's new designation as Kuwait's first doctor. Both processes—the interplay between local cultures of health and emergent institutions and the imagining of medical history as a nativist teleology—demonstrate how health-seeking and history-writing efforts of a range of historical actors have placed medicine at the center of politics in Kuwait.
This project problematizes hegemonic conceptions of language by looking at the construction of ‘English’ in a nonprofit, community-based adult ESOL program in New York. I use ethnographic observation and interviews to uncover the discursive and pedagogical practices that uphold these hegemonic conceptions in this context. I find that the structural conditions of the program perpetuate a conception of ‘English’ shaped by linguistic racism and classism, despite the program's progressive ideals. Linguistic authority is centralized through the presentation of a closed linguistic system and a focus on replication of templatic language. This allows for the drawing of linguistic borders by pathologizing forms traditionally associated with racialized varieties of English, pointing to the persistence of raciolinguistic ideologies. Nevertheless, students destabilize these dominant ideas, revealing a disconnect between mainstream understandings of language and the way adult immigrant learners actually use language, and pointing to possibilities for alternate conceptions and pedagogies. (Language ideology, raciolinguistics, Standard English, adult ESOL)
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.