From the Dutch East India Company to the Corporate Bill of Rights: corporations and international law

Baars, Grietje

doi:10.4337/9781781005354.00026

Cited by 3 publications

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“…One of the central legal instrumentalities and agents of the racial state for wealth generation has been the corporation. Baars (2015) reminds us that the colonial confrontation of putative European sovereigns with others in the Americas, Asia, and Africa did not occur through a meeting of "heads of states." Rather (particularly later with regard to the Dutch and British), these encounters were often mediated by joint-stock corporations such as the British and Dutch East India companies.…”

Section: White Supremacy: Racism the State And Corporate Powermentioning

confidence: 97%

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Mapping Racial Capitalism: Implications for Law

González¹,

Mutua²

2022

JLPE

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The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of racemaking. We understand race-making as including racial stratification, racial segregation, and the creation of sacrifice zones, which reflect the strategies and outcomes of profit-making. The structural features of racial capitalism thus are mutually constitutive: profit-making processes create and reinforce the making of racial meaning, while race-making, underwritten by white supremacy, structures and facilitates the economic processes of profit-making. Together, they constitute a global system dependent on the unbridled extraction of wealth from both humans and nature.

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Section: White Supremacy: Racism the State And Corporate Powermentioning

confidence: 97%

“…(Knox 2014;Baars 2015). It thus sought to radically transform colonial societies into capitalist societies and states, imposing European systems of contract, property, and land tenure in order to create an environment that would facilitate further capitalist exploitation and extraction(Knox 2014; McCarthy 2015;Natarajan and Khoday 2014).…”

mentioning

confidence: 99%

Mapping Racial Capitalism: Implications for Law

González¹,

Mutua²

2022

JLPE

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“…20 De Jonge (2011), p. 66. For the historical roots of the corporation and its relationship with the state, see further: Baars (2015), Stern (2011) andTaylor (2006). over 80 percent of global trade being attributed to corporations' global value chain networks.…”

Section: The Corporation Neoliberal Globalisation and The Emergence Of Business And Human Rightsmentioning

confidence: 99%

“…See: Reiner Burger "Saeeda Kathoon gegen KiK -Ich will Gerechtigkeit" Frankfurter Allgemeine Zeitung, 29 November 2018, www.faz.net/aktuell/gesellschaft/ungluecke/ der-kampf-der-saeeda-khatoon-15916387.html, (last accessed 1 August 2020). 76 Baars (2015). 77 Such desired full realisation seems unlikely given the politico-economic dynamics of and the corporate leverage in such legislative processes surrounding the corporation.…”

Section: Mandatory Human Rights Due Diligence: Formentioning

confidence: 99%

Toward a Strategic Engagement with the Question of the Corporation

Bader¹

2021

Interdisciplinary Studies in Human Rights

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Corporations, in their quest for the highest profit margin, have violated human rights, labour rights and environmental standards for decades, with little to no accountability. In recent years, the fight for corporate accountability under the banner of “Business and Human Rights” has come to dominate civil society’s engagement with the “question of the corporation.” This chapter aims to critically examine the political objectives underpinning the broad-church project of Business and Human Rights in its world-making aspirations, taking the Legally Binding Instrument currently under discussion at the UN Human Rights Council as a case study. Using a historical narrative approach, this article first situates the evolution of Business and Human Rights within neoliberal globalisation and, against this backdrop, attempts to think through the “dark side” of this particular strand of human rights activism. By bringing critical legal scholarship on the corporation and human rights into closer conversation with Business and Human Rights, the article aims to excavate the latter’s structural flaws, namely that it leaves the asymmetries in the global economy and the imperial corporate form unchallenged. By problematising Business and Human Rights’ presupposition of business as fact and its uncritical embrace of rights as positive change-makers, the article presents an invitation to rethink strategic political objectives vis-à-vis corporate rights abuses.

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From the Dutch East India Company to the Corporate Bill of Rights: corporations and international law

Cited by 3 publications

References 0 publications

Mapping Racial Capitalism: Implications for Law

Mapping Racial Capitalism: Implications for Law

Toward a Strategic Engagement with the Question of the Corporation

Capital, Corporate Citizenship and Legitimacy: The Ideological Force of ‘Corporate Crime’ in International Law

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