The Human Rights Industry


Book Description

The promotion and protection of human rights is a pillar of the United Nations, enshrined in the Charter, the international bill of rights, elaborated in General Assembly resolutions and declarations, and buttressed by monitoring mechanisms and regional human rights courts. After WWII the world demanded respect for collective and individual rights and freedoms, including the right to live in peace, i.e.freedom from fear and want, the right to food, water, health, shelter, belief and expression. Human dignity was understood as an inalienable entitlement of every member of the human family, rights that were juridical. justiciable and enforceable. It did not take long for these noble goals to be politicized. Many States systematically weaponize human rights for geopolitics. A “human rights industry” operates at all levels and instrumentalizes values with the complicity of diplomats, politicians, non-governmental organizations, academics, journalists, -independent experts-, rapporteurs, secretariat members and media conglomerates. This book addresses the decisive role played by major governmental and private agencies such as the National Endowment for Democracy, USAID, elite think tanks, Council on Foreign Relations, Trilateral Commission, World Economic Forum and others in shaping a “perception” of human rights that primarily serves geopolitical interests. Major non-governmental organizations that once were truly independent, including Amnesty and HRW, today belong to the leading narrative managers. The voting record in the General Assembly and Human Rights Council by China, Russia, the United States, Canada, UK, EU, OIC, Group of 77, Non-aligned movement, etc. documents who supports and who subverts human rights. Why do the Council and NGOs practice double-standards and allow States to brazenly lie, blackmail and bully weaker States? Under the pretext of providing humanitarian assistance, lethal military interventions are conducted, e.g. in Libya, emblematic example of how the noble idea of the “responsibility to protect” was corrupted. Propagandistic use of the words “human rights”, “democracy”, “rule of law”, "freedom" - demean them and subvert rational discourse. Drawing on more than four decades of working in the field of human rights as UN staff member, rapporteur, consultant, professor and NGO president, Alfred de Zayas examines how the tools of implementation of human rights serve to entrench political narratives promoted by the “industry”.




The Human Rights Industry


Book Description

The promotion and protection of human rights is a pillar of the United Nations, enshrined in the Charter, the international bill of rights, elaborated in General Assembly resolutions and declarations, and buttressed by monitoring mechanisms and regional human rights courts. After WWII the world demanded respect for collective and individual rights and freedoms, including the right to live in peace, i.e.freedom from fear and want, the right to food, water, health, shelter, belief and expression. Human dignity was understood as an inalienable entitlement of every member of the human family, rights that were juridical. justiciable and enforceable. It did not take long for these noble goals to be politicized. Many States systematically weaponize human rights for geopolitics. A human rights industry operates at all levels and instrumentalizes values with the complicity of diplomats, politicians, non-governmental organizations, academics, journalists, -independent experts-, rapporteurs, secretariat members and media conglomerates. This book addresses the decisive role played by major governmental and private agencies such as the National Endowment for Democracy, USAID, elite think tanks, Council on Foreign Relations, Trilateral Commission, World Economic Forum and others in shaping a perception of human rights that primarily serves geopolitical interests. Major non-governmental organizations that once were truly independent, including Amnesty and HRW, today belong to the leading narrative managers. The voting record in the General Assembly and Human Rights Council by China, Russia, the United States, Canada, UK, EU, OIC, Group of 77, Non-aligned movement, etc. documents who supports and who subverts human rights. Why do the Council and NGOs practice double-standards and allow States to brazenly lie, blackmail and bully weaker States? Under the pretext of providing humanitarian assistance, lethal military interventions are conducted, e.g. in Libya, emblematic example of how the noble idea of the responsibility to protect was corrupted. Propagandistic use of the words human rights, democracy, rule of law, - freedom - demean them and subvert rational discourse. Drawing on more than four decades of working in the field of human rights as UN staff member, rapporteur, consultant, professor and NGO president, Alfred de Zayas examines how the tools of implementation of human rights serve to entrench political narratives promoted by the industry.




The Rise and Fall of Human Rights


Book Description

The Rise and Fall of Human Rights provides a groundbreaking ethnographic investigation of the Palestinian human rights world—its NGOs, activists, and "victims," as well as their politics, training, and discourse—since 1979. Though human rights activity began as a means of struggle against the Israeli occupation, in failing to end the Israeli occupation, protect basic human rights, or establish an accountable Palestinian government, the human rights industry has become the object of cynicism for many Palestinians. But far from indicating apathy, such cynicism generates a productive critique of domestic politics and Western interventionism. This book illuminates the successes and failures of Palestinians' varied engagements with human rights in their quest for independence.




Business and Human Rights


Book Description

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.




Business and Human Rights


Book Description

Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.




Corporate Human Rights Violations


Book Description

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.




Human Rights in the Extractive Industries


Book Description

This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.




Human Rights in Business


Book Description

Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.




Human Rights Translated


Book Description

"The purpose of this publication is to contribute to [the] process of clarification by explaining universally recognised human rights in a way that makes sense to business. The publication also aims to illustrate, through the use of case studies and actions, how human rights are relevant in a corporate context and how human rights issues can be managed."--Introduction, p. vii.




The Business of Human Rights


Book Description

The spotlight of global scrutiny has shone particularly brightly on corporations’ adverse impacts on human rights in recent years. Corporations make up more than two-thirds of the world’s top economies today, and so rightly they are being called to account for their impacts on society and the communities in which they operate. The Business of Human Rights demystifies the relevance of human rights for business, explaining how the corporate responsibility to respect human rights under the UN Guiding Principles can be implemented in practice. It provides a straightforward, practical guide that can be easily read and interpreted by managers to help businesses navigate this complex area of legislation and "soft" law to fulfil their responsibilities. It explains the potential legal, financial and reputational implications for corporations and the steps they need to take to address them. The book tracks some of the major global developments in business and human rights, including the emergence of foreign, transnational, and international law and the proliferation of multi-stakeholder initiatives on business and human rights. Case studies from a range of sectors and industries – such as extractives, apparel, fast-moving consumer goods, electronics, and banking and finance – illustrate the enormous risks and opportunities human rights pose for business in practice. The Business of Human Rights will equip corporate executives, sustainability practitioners, academics, students, and anyone interested in business’s impacts on society with the essential information and tools they need to quickly come up to speed with the rapidly evolving area of business and human rights.