Business Regulation and Non-State Actors

Business Regulation and Non-State Actors

Author: Ananya Mukherjee Reed

Publisher: Routledge

Published: 2013-06-17

Total Pages: 377

ISBN-13: 1136459367

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This volume assesses the achievements and limitations of a new set of non-state or multistakeholder institutions that are concerned with improving the social and environmental record of business, and holding corporations to account. It does so from a perspective that aims to address two limitations that often characterize this field of inquiry. First, fragmentation: articles or books typically focus on one or a handful of cases. Second, the development dimension: what does such regulation imply for developing countries and subaltern groups in terms of well-being, empowerment and sustainability? This volume examines more than 20 initiatives or institutions associated with different regulatory and development approaches, including the business-friendly corporate social responsibility (CSR) agenda, ‘corporate accountability’ and ‘fair trade’ or social economy.


Extracting Accountability from Non-State Actors in International Law

Extracting Accountability from Non-State Actors in International Law

Author: Lee James McConnell

Publisher: Routledge

Published: 2016-11-10

Total Pages: 339

ISBN-13: 1317220560

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The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.


Non-State Actors and Authority in the Global System

Non-State Actors and Authority in the Global System

Author: Andreas Bieler

Publisher: Routledge

Published: 2004-01-14

Total Pages: 320

ISBN-13: 1134599315

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Traditionally in International Relations, power and authority were considered to rest with states. But recently, in the light of changes associated with globalisation, this has come under scrutiny both empirically and theoretically. This book analyses the continuing but changing role of states in the international arena, and their relationships with a wide range of non-state actors, which possess increasingly salient capabilities to structure global politics and economics.


Responsibilities of the Non-State Actor in Armed Conflict and the Market Place

Responsibilities of the Non-State Actor in Armed Conflict and the Market Place

Author: Noemi Gal-Or

Publisher: Hotei Publishing

Published: 2015-05-12

Total Pages: 405

ISBN-13: 9004293639

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The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.


Business Regulation and Non-State Actors

Business Regulation and Non-State Actors

Author: Ananya Mukherjee Reed

Publisher: Routledge

Published: 2013-06-17

Total Pages: 375

ISBN-13: 1136459359

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This volume assesses the achievements and limitations of a new set of non-state or multistakeholder institutions that are concerned with improving the social and environmental record of business, and holding corporations to account. It does so from a perspective that aims to address two limitations that often characterize this field of inquiry. First, fragmentation: articles or books typically focus on one or a handful of cases. Second, the development dimension: what does such regulation imply for developing countries and subaltern groups in terms of well-being, empowerment and sustainability? This volume examines more than 20 initiatives or institutions associated with different regulatory and development approaches, including the business-friendly corporate social responsibility (CSR) agenda, ‘corporate accountability’ and ‘fair trade’ or social economy.


Global Business Regulation

Global Business Regulation

Author: John Braithwaite

Publisher: Cambridge University Press

Published: 2000-02-13

Total Pages: 194

ISBN-13: 9780521780339

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How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.


Non-state Actors and Human Rights

Non-state Actors and Human Rights

Author: Philip Alston

Publisher: Collected Courses of the Acade

Published: 2005

Total Pages: 408

ISBN-13:

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The 'not-a-cat' syndrome : can the international human rights regime accommodate non-state actors? / Philip Alston -- The changing international legal framework for dealing with non-state actors / August Reinisch -- The evolving status of NGOs under international law : a threat to the inter-state system? / Menno T. Kamminga -- Economic, social, and cultural human rights and the International Monetary Fund / François Gianviti -- Catching the conscience of the king : corporate players on the international stage / Celia Wells and Juanita Elias -- Corporate responsibility and the international law of human rights : the new Lex Mercatoria / Ralph G. Steinhardt -- The accountability of multinationals for human rights violations in European law / Olivier de Schutter -- Human rights responsibilities of business as non-state actors / David Weissbrodt and Muria Kruger.


Transnational Business Governance Interactions

Transnational Business Governance Interactions

Author: Stepan Wood

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 416

ISBN-13: 1788114736

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From agriculture to sport and from climate change to indigenous rights, transnational regulatory regimes and actors are multiplying and interacting with poorly understood effects. This interdisciplinary book investigates whether, how and by whom transnational business governance interactions (TBGIs) can be harnessed to improve the quality of transnational regulation and advance the interests of marginalized actors.


Non-State Actors as Standard Setters

Non-State Actors as Standard Setters

Author: Anne Peters

Publisher: Cambridge University Press

Published: 2009-09-24

Total Pages: 608

ISBN-13: 9780521114905

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This analysis of 'globalised' standard-setting processes draws together insights from law, political sciences, sociology and social anthropology to assess the authority and accountability of non-state actors and the legitimacy and effectiveness of the processes. The essays offer new understandings of current governance problems, including environmental and financial standards, rules for military contractors and complex public-private partnerships, such as those intended to protect critical information infrastructure. The contributions also evaluate multi-stakeholder initiatives (such as the Extractive Industries Transparency Initiative), and discuss the constitution of public norms in stateless areas. A synopsis of the latest results of the World Governance Indicator, arguably one of the most important surveys in the area today, is included.


International Legal Accountability Over Non-State Actors

International Legal Accountability Over Non-State Actors

Author: Constance de la Vega

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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The article opens with three examples illustrating the need for an international framework that considers corporate actors as holders of legal obligations to protect human rights: (1) the unpunished criminal misconduct and human rights abuses by private military and security companies; (2) the private detention industry and immigrants, especially the perverse profit incentive to cut costs at the expense of the rights of the detainees; and (3) the dumping of toxic waste in States that lack government institutions that are able to hold corporations accountable. The article then describes the Framework (Protect, Respect, and Remedy: A Framework for Business and Human Rights) articulated by the Special Representative on the issue of human rights and transnational corporations and other business enterprises. Although the Framework is a definitive step forward in the dialogue about corporate accountability, it is severely undermined for the following reasons. First, the Framework imposes no new legal obligations upon corporations, and leaves these non-State actors to determine themselves what human rights may be material to their business. Second, by emphasizing the State's role in protecting their populations from harm, the Framework fails to consider situations where States cannot or will not enact domestic regulation that protects human rights. Third, from the corporate perspective, relegating legal obligations to States alone provides for complex regulatory systems where corporate operations are subject to differing legal standards depending on their field of operation and thus produce inefficiency affecting the corporate bottom line. Fourth, the Framework does no more than add to the current regime of voluntary corporate codes, which alone are insufficient to regain the needed political governance of economic globalization. The authors suggest that The Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights be used as a foundation to establish accountability and to bring corporate actors out of their legal grey zones.