Business and Human Rights in Southeast Asia
Business and Human Rights in Southeast Asia

Author: Mahdev Mohan

Publisher: Routledge

Published: 2014-09-25

Total Pages: 240

ISBN-13: 1317964306

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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.

Business and Human Rights in Asia
Business and Human Rights in Asia

Author: James Gomez

Publisher: Springer Nature

Published: 2021-01-21

Total Pages: 285

ISBN-13: 9811572739

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This book examines the State’s duty to protect human rights in Asia amidst rising concern over the human rights impact of business organisations in the region, a topic which has hitherto been understudied. It analyses a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies, and conflicts with indigenous peoples over business activities. The book also covers innovative themes such as BHR in the era of smart cities, ethical consumer behavior, and a human rights management system, which are emerging areas of enquiry in this field concluding with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic’s impact on BHR in Asia and beyond. This book is part of Asia Centre’s exploration of the nascent regional human rights architecture that is facing significant obstacles in protecting human rights and showcases the progress achieved and the ongoing challenges across Asia.

National Human Rights Institutions in Southeast Asia
National Human Rights Institutions in Southeast Asia

Author: James Gomez

Publisher: Springer Nature

Published: 2020-01-03

Total Pages: 312

ISBN-13: 9811510741

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This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.

Journalism for Social Change in Asia
Journalism for Social Change in Asia

Author: Scott Downman

Publisher: Springer

Published: 2017-07-31

Total Pages: 230

ISBN-13: 134995179X

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This book explores the role and purpose of journalism to spark and propagate change by investigating human rights journalism and its capacity to inform, educate and activate change. Downman and Ubayasiri maximize this approach by proposing a new paradigm of reporting through the use of human-focussed news values. This approach is a radical departure from the traditional style that typically builds on abstract concepts. The book will explore human rights journalism through the lens of complex issues such as human trafficking and people smuggling in the Asian context. This is not just a book for journalists, or journalism academics, but a book for activists, human rights advocates or anyone who believes in the power of journalism to change the world.

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

Author: Hao Duy Phan

Publisher: Martinus Nijhoff Publishers

Published: 2012-02-03

Total Pages: 288

ISBN-13: 9004222170

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This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Contemporary Issues in Human Rights Law
Contemporary Issues in Human Rights Law

Author: Yumiko Nakanishi

Publisher: Springer

Published: 2017-10-05

Total Pages: 218

ISBN-13: 9811061297

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This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

Business and Human Rights
Business and Human Rights

Author: Manoj Kumar Sinha

Publisher: SAGE Publications Pvt. Limited

Published: 2013-11-08

Total Pages: 0

ISBN-13: 9788132111399

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In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.

Business, Human Rights and Transitional Justice
Business, Human Rights and Transitional Justice

Author: Irene Pietropaoli

Publisher: Routledge

Published: 2020-05-07

Total Pages: 248

ISBN-13: 1000066061

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This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

The Business and Human Rights Landscape
The Business and Human Rights Landscape

Author: Jena Martin

Publisher: Cambridge University Press

Published: 2016

Total Pages: 623

ISBN-13: 1107095522

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This is the first book offering a comprehensive historical and contemporary analysis of the emerging business and human rights field.