Human Rights, Corporations and the Global Economy: An International Law Perspective

Kinley, David; Nolan, Justine

doi:10.4337/9781848442924.00025

Cited by 7 publications

(9 citation statements)

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“…As a side effect of globally expanding markets, more and more corporations get entangled in direct and indirect violations of human rights (Kinley and Nolan, 2008). However, due to civil society pressure and/or organizational values, some of these corporations engage in self-regulation or multi-stakeholder processes to define standards and to manage ethical issues within their operations and supply chains (Ruggie, 2007).…”

Section: Introductionmentioning

confidence: 99%

“…These challenges cover a broad range of issues including slave and child labor, corruption, suppression of unions, and collaboration with repressive regimes (Jungk, 2006). In relocating corporate activities to countries where human rights protection is not always guaranteed, companies can avoid (willingly or not) legislation on such issues (Kinley and Nolan, 2008). Due to international communication and increased access to information worldwide, there is also a growing awareness about existing human rights violations by corporations (Kaeb, 2008).…”

Section: Introductionmentioning

confidence: 99%

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Advancing the Business and Human Rights Agenda: Dialogue, Empowerment, and Constructive Engagement

et al. 2009

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Advancing the Business and Human Rights Agenda: Dialogue, Empowerment, and Constructive Engagement

et al. 2009

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“…On the other hand, societal peace is threatened by the activities of private business firms. Examples are political lobbying benefitting corporations at the expense of the public interest (Barley, 2007), the complicity with human rights violations (Kinley and Nolan, 2008), and externalities such as environmental degradation (Osland, 2003).…”

Section: Globalization Corporate Governance and The Individualizatimentioning

confidence: 99%

Corporate Governance in a Risk Society

Schneider

2013

J Bus Ethics

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Under conditions of growing interconnected-ness of the global economy, more and more stakeholders are exposed to risks and costs resulting from business activities that are neither regulated nor compensated for by means of national governance. The changing distribution of risks poses a threat to the legitimacy of business firms that normally derive their legitimacy from operating in com-pliance with the legal rules of democratic nation states. However, during the process of globalization, the regula-tory power of nation states has been weakened and many production processes have been shifted to states with weak regulatory frameworks where businesses operate outside the reach of the democratic nation state. As a result, business firms have to address the various legitimacy challenges of their operations directly and cannot rely upon the legitimacy of their regulatory environment. These developments challenge the dominant approach to corpo-rate governance that regards shareholders as the only stakeholder group in need of special protection due to risks not covered by contracts and legal regulations. On the basis of these considerations, we argue for a democratization of corporate governance structures in order to compensate for the governance deficits in their regulatory environment and to cope with the changing allocation of risks and costs. By way of democratic involvement of various stakeholders, business firms may be able to mitigate the redistribution of individual risk and address the resulting legitimacy deficits even when operating under conditions of regulatory gaps and governance failure. Corporate governance in a risk society AbstractUnder conditions of growing interconnectedness of the global economy more and more stakeholders are exposed to risks and costs resulting from business activities that are neither regulated nor compensated for by means of national governance. The changing distribution of risks poses a threat to the legitimacy of business firms that normally derive their legitimacy from operating in compliance with the legal rules of democratic nation states. However, during the process of globalization the regulatory power of nation states has been weakened and many production processes have been shifted to states with weak regulatory frameworks where businesses operate outside the reach of the democratic nation state. As a result, business firms have to address the various legitimacy challenges of their operations directly and cannot rely upon the legitimacy of their regulatory environment. These developments challenge the dominant approach to corporate governance that regards shareholders as the only stakeholder group in need of special protection due to risks not covered by contracts and legal regulations. On the basis of these considerations, we argue for a democratization of corporate governance structures in order to compensate for the governance deficits in their regulatory environment and to cope with the changing allocation of risks and costs. By way of democratic involve...

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“…However, this division of competence is becoming increasingly ineffective in the light of a shift of power between nation-states and business firms. The immense impact of business firms on human rights in general and of transnational corporations in particular is acknowledged in the literature (Arnold, 2010;Williams & Conley, 2005;Kinley & Nolan, 2008). Examples of corporate involvement in the violation of human rights abound.…”

Section: Human Rights In the Globalized Economymentioning

confidence: 99%

“…through cooperation with undemocratic governments or through environmental pollution, which damages health) (Kinley & Nolan, 2008). Furthermore, they have considerable bargaining power, often resulting in limited capacity or willingness of home and host countries to hold them liable for human rights violations.…”

Section: Introductionmentioning

confidence: 99%

Private Business Firms, Human Rights, and Global Governance Issues: An Organizational Implementation Perspective

Schneider,

Scherer

2012

SSRN Journal

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We analyse the increasing engagement of business in the creation and application of self-regulatory standards in the area of human rights in the light of an emerging framework of transnational human rights initiatives. The voluntariness of most of these approaches leads to problems that are characteristic of organizational selfregulation initiatives. Our analysis will show that these issues cannot be resolved simply by designing organizational structures. Rather, we argue that organizations need to acquire additional moral, communicative and collaborative capabilities to successfully contribute to the protection of human rights.

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Human Rights, Corporations and the Global Economy: An International Law Perspective

Cited by 7 publications

References 0 publications

Advancing the Business and Human Rights Agenda: Dialogue, Empowerment, and Constructive Engagement

Advancing the Business and Human Rights Agenda: Dialogue, Empowerment, and Constructive Engagement

Corporate Governance in a Risk Society

Private Business Firms, Human Rights, and Global Governance Issues: An Organizational Implementation Perspective

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