scholarly journals Implementing the UNGPs in the European Union: Towards an Open Method of Coordination for Business and Human Rights

2017 ◽  
Author(s):  
Daniel Augenstein ◽  
Mark Dawson ◽  
Pierre Thielbbrger
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Open Method ◽  
Open Method Of Coordination ◽  
Business And Human Rights

scholarly journals The UNGPs in the European Union: The Open Coordination of Business and Human Rights?

2018 ◽  
Vol 3 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Daniel AUGENSTEIN ◽  
Mark DAWSON ◽  
Pierre THIELBÖRGER
Keyword(s):  
European Union ◽  
Human Rights ◽  
Implementation Process ◽  
Fundamental Rights ◽  
The European Union ◽  
Eu Member States ◽  
Open Method Of Coordination ◽  
Business And Human Rights ◽  
Eu Fundamental Rights ◽  
The Eu

AbstractThe article examines the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union via National Action Plans (NAPs). We argue that some of the shortcomings currently observed in the implementation process could effectively be addressed through the Open Method of Coordination (OMC) – a governance instrument already used by the European Union (EU) in other policy domains. The article sketches out the polycentric global governance approach envisaged by the UNGPs and discusses the institutional and policy background of their implementation in the EU. It provides an assessment of EU member states’ NAPs on business and human rights, as benchmarked against international NAP guidance, before relating experiences with the existing NAP process to the policy background and rationale of the OMC and considering the conditions for employing the OMC in the business and human rights domain. Building on a recent opinion of the EU Fundamental Rights Agency, the article concludes with a concrete proposal for developing an OMC on business and human rights in the EU.

Transformation of the system of the European union social policy management control methods

2017 ◽  
pp. 50-56
Author(s):  
Iryna Butуrskaya
Keyword(s):  
European Union ◽  
Social Policy ◽  
Control Method ◽  
Management Control ◽  
The European Union ◽  
Open Method ◽  
Open Method Of Coordination ◽  
Integration Management ◽  
European Regulatory ◽  
The Eu

The author examines liberal, governance, intergovernmental approaches and neofunctionalism in the EU and European integration management; constructs regional policy, comitology system, «European» regulatory agencies. They are considered as the elements that modify the traditional management control method in the EU. The governance approach is used for the analysis of interactions, which are often referred to "low" policy – daily regulation. It determines the «political face» of the EU. The approach uses multi-level governance concept and the open method of coordination. The first one has a narrow testing scope and aims to explain only the integration realities; the other one is more of a universal character. Attempts to comprehend this method face the lack of empirical research due to the relative novelty of the open method of coordination and complex combination of horizontal and vertical processes within it. Keywords: European Union, system of management methods, social policy

scholarly journals Human Rights in the Light of the Process of Financialisation

2021 ◽  
Vol 26 (5) ◽  
pp. 161-185
Author(s):  
Tomasz Nieborak
Keyword(s):  
European Union ◽  
Human Rights ◽  
Everyday Life ◽  
Financial Market ◽  
Market Regulation ◽  
The European Union ◽  
Financial Market Regulation ◽  
The Core ◽  
Business And Human Rights ◽  
Rights Issues

Abstract The article deals with the challenges resulting from financialisation, in which we observe an increasing impact of the financial sphere in man’s everyday life. It also considers the effect of this process on the functioning of societies and concludes that the process of creating and applying financial market law must be redefined and human rights issues taken into account. In addition to the activity of the UN and the European Union in promoting the concept of business and human rights, the experiences of recent years show that combining human rights with financial market regulation is possible. To achieve this, however, many actors must be involved and a specific understanding of human rights and values must be adopted, and their protection should constitute the core of the legislator’s activity.

Nevsun: A Ray of Hope in a Darkening Landscape?

2020 ◽  
Vol 5 (2) ◽  
pp. 241-251
Author(s):  
Upendra BAXI
Keyword(s):  
European Union ◽  
Corporate Governance ◽  
Human Rights ◽  
The Netherlands ◽  
Common Law ◽  
Customary Law ◽  
High Time ◽  
Law Reform ◽  
The European Union ◽  
Business And Human Rights

AbstractThis article explores some aspects of the Canadian Supreme Court’s decision on Nevsun Resources v Araya in the light of its exposition on the act of state doctrine and application of core human rights as an integral aspect of international customary law and common law. It examines the Nevsun decision in the context of recent statutory developments in France and the Netherlands, the promised law reform in the European Union, and the proposed business and human rights treaty. I argue that it is high time to abandon the doctrinal fossil that human rights obligations do not apply to corporate governance and operations. It is hoped that COVID-19 contexts, and a post-pandemic world, will expeditiously result in the willing adoption of a treaty on business and human rights.

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