Unintended Consequences of Sanctions for Human Rights: Conflict Minerals and Infant Mortality

2016 ◽  
Vol 59 (4) ◽  
pp. 731-774 ◽  
Author(s):  
Dominic P. Parker ◽  
Jeremy D. Foltz ◽  
David Elsea
Keyword(s):  
Human Rights ◽  
Infant Mortality ◽  
Unintended Consequences ◽  
Conflict Minerals

scholarly journals An Unintended Legacy: The External Policy Responses of the USA and European Union to Conflict Minerals in Africa

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 50
Author(s):  
Michael Addaney ◽  
Emma Charlene Lubaale
Keyword(s):  
European Union ◽  
Human Rights ◽  
Natural Resources ◽  
Common Knowledge ◽  
Unintended Consequences ◽  
Fundamental Rights ◽  
Business Practices ◽  
The European Union ◽  
Conflict Minerals ◽  
Protection Of Human Rights

Competition over environmental and natural resources characteristically lies at the heart of armed conflicts in Africa. It is also common knowledge that some companies dealing in products such as laptops, smart phones, and jewellery import minerals from conflict-affected areas, thereby indirectly fuelling conflicts in these areas or undermining human rights. For a continent endowed with natural resources including minerals, Africa has suffered the brunt of this predicament. This state of affairs has lent impetus to the adoption of several regulations geared towards curbing irresponsible business practices by companies relying on such minerals, the goal being, amongst others, to guarantee the protection of human rights. In May 2017, the European Union adopted regulations intended to stop the importation of conflict minerals in Europe, debatably making giant strides in the direction of the protection of human rights. These regulations are to come into force in 2021. However, can these regulations advance the much-desired goal of the protection of human rights in Africa on issues pertaining to conflict minerals? By analyzing the 2017 EU regulations in light of previous regulations of a similar nature, the paper concludes that the said regulations constitute a weak normative framework and could in fact have unintended consequences on the fundamental rights of civilians in natural resource-rich conflict areas of Africa.

scholarly journals An Unintended Legacy: The External Policy Responses of the US and European Union to Conflict Minerals in Africa

2021 ◽  
Author(s):  
Michael Addaney ◽  
Emma Charlene Lubaale
Keyword(s):  
European Union ◽  
Human Rights ◽  
Natural Resources ◽  
Common Knowledge ◽  
Unintended Consequences ◽  
Fundamental Rights ◽  
Business Practices ◽  
The European Union ◽  
Conflict Minerals ◽  
Protection Of Human Rights

Competition over environmental and natural resources characteristically lies at the heart of armed conflicts in Africa. It is also common knowledge that some companies dealing in products such as laptops, smart phones and jewellery; import minerals from conflict-affected areas, thereby indirectly fuelling conflicts in these areas or undermining human rights. For a continent endowed with natural resources including minerals, Africa has suffered the brunt of this predicament. This state of affairs has lent impetus to the adoption of several regulations geared towards curbing irresponsible business practices by companies relying on such minerals, the goal being, amongst others, to guarantee the protection of human rights. In May 2017, the European Union adopted Regulations intended to stop the importation of conflict minerals in Europe, debatably making giant strides in the direction of protection of human rights. These Regulations are to come into force in 2021. However, can these regulations advance the much-desired goal of protection of human rights in Africa on issues pertaining to conflict minerals? By analyzing the 2017 EU Regulations in light of previous regulations of a similar nature, the paper concludes that the said regulations constitute a weak normative framework and could in fact have unintended consequences on the fundamental rights of civilians in natural resource-rich conflict areas of Africa.

The radical ideation of peasants, the ‘pseudo-radicalism’ of international human rights law, and the revolutionary lawyer

2020 ◽  
Vol 8 (3) ◽  
pp. 425-456
Author(s):  
Margot E Salomon
Keyword(s):  
Human Rights ◽  
Rural Areas ◽  
Social Transformation ◽  
Unintended Consequences ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Theory Of Law ◽  
United Nations Declaration

Abstract This article questions the use of international human rights law in realising social transformation. It studies the new United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, drawing on the commodity-form theory of law. Through this lens, foregrounding the relationship between capitalism and law and their shared constituent form, the contradiction in what is at times a radical normative project in international human rights law is revealed. With the unintended consequences of human rights lawyering made visible, this work turns to the means through which the advocate can launch a potentially transformative ‘legal’ strategy. An exploration of two seminal modes of reconciliation follows: reconciling the use of international human rights law with a commitment to social transformation and reconciling the post-capitalist politics of progressive lawyers with their use of the law.

The eu “Conflict Minerals Regulation”: Potentialities and Limits in the Light of the International Standards on Responsible Sourcing

2018 ◽  
Vol 27 (1) ◽  
pp. 235-257 ◽  
Author(s):  
Valentina Grado
Keyword(s):  
Human Rights ◽  
Mineral Resources ◽  
International Standards ◽  
Due Diligence ◽  
Conflict Zones ◽  
Human Rights Abuses ◽  
Conflict Minerals ◽  
Risk Areas ◽  
The Eu ◽  
Responsible Sourcing

Business enterprises involved in the exploitation of mineral resources originating from conflict zones are at risk of financing armed activities and fuelling systematic violations of international law and human rights abuses. This article first analyses the initiatives developed by the UN and OECD aimed at encouraging companies to respect human rights and avoid contributing to conflict by adopting “supply chain due diligence” practices. Second, it focuses on a recent Regulation adopted by the EU to tackle trade in certain minerals sourced from conflict-affected and high-risk areas in order to highlight its main positive aspects and challenges and, at the same time, to ascertain whether and to what extent this new legislation is consistent with the UN/OECD international standards on responsible sourcing.

Understanding Children’s Rights: A Vision beyond Vulnerability

2015 ◽  
Vol 84 (2) ◽  
pp. 155-182 ◽  
Author(s):  
John Tobin
Keyword(s):  
Human Rights ◽  
Critical Role ◽  
Children's Rights ◽  
Unintended Consequences ◽  
Children’S Rights ◽  
Right To Participation ◽  
Special Rights

The idea of children’s vulnerability played a critical role in motivating the adoption of the un Convention on the Rights of a Child, but should vulnerability provide the basis for special human rights for children? Are children especially vulnerable relative to adults? This article seeks to explore the idea of children’s vulnerability in understanding the concept of children’s rights. It argues that vulnerability is not a condition peculiar to children. At the same time it recognizes that children experience special vulnerabilities relative to adults. It is these vulnerabilities that provide a justification for the special rights accorded to them under the Convention. The characterisation of children as vulnerable carries the risk that they will be defined by their vulnerabilities. To address the unintended consequences of a vulnerability paradigm, there is a need to expand the conception of children in a way that recognises their evolving capacities and right to participation.

scholarly journals Rana Plaza collapse aftermath: are CSR compliance and auditing pressures effective?

2016 ◽  
Vol 29 (4) ◽  
pp. 617-649 ◽  
Author(s):  
Noemi Sinkovics ◽  
Samia Ferdous Hoque ◽  
Rudolf R. Sinkovics
Keyword(s):  
Human Rights ◽  
Labour Force ◽  
Garment Industry ◽  
Unintended Consequences ◽  
Social Value ◽  
Content Type ◽  
Face To Face ◽  
Study Approach ◽  
Standards Compliance ◽  
Unskilled Workers

Purpose – The purpose of this paper is to investigate the intended and unintended consequences of compliance and auditing pressures in the Bangladeshi garment industry. To explore this issue the authors draw on three medium-sized suppliers. The institutional changes that followed the Rana Plaza accident in April 2013 make Bangladesh in general and the garment industry in particular an interesting and suitable research setting for standards compliance. Design/methodology/approach – The study adopts a multiple case study approach. Face-to-face interviews have been conducted with the owners of three Bangladeshi garment manufacturing firms and several workers. Additionally, organisational documents and local newspaper articles had been collected wherever possible. Findings – The results indicate that the pressure for compliance has led the case companies to prioritise the implementation of measurable standards over the socially grounded needs and priorities of workers. As a consequence certain initiatives instead of adding new social value in fact destroyed previously existing social value. Furthermore, the pressure for compliance created the necessity to find ways to cover the sizable cost of compliance. This prompted firms to pursue process upgrading through technological advancements and increased work pressures on the labour force. These initiatives led to an increased power imbalance and the exclusion of unskilled workers from the job market. Research limitations/implications – The paper contributes to the understanding of the human rights implications of compliance and auditing pressures and initiatives. Furthermore, in order to further enrich existing knowledge in the critical accounting literature, the study draws on insights from the global value chains (GVC) and international business (IB) literatures. Originality/value – The paper contributes to the understanding of the human rights implications of compliance and auditing pressures and initiatives. Furthermore, in order to further enrich existing knowledge in the critical accounting literature, the study draws on insights from the GVC and IB literatures.

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