scholarly journals Corporate Power over Human Rights: An Analytical Framework

2020 ◽  
Author(s):  
David Birchall
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
Corporate Power

scholarly journals Corporate Power over Human Rights: An Analytical Framework

2020 ◽  
pp. 1-25
Author(s):  
David BIRCHALL
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
Direct Power ◽  
Potential Harm ◽  
Corporate Power ◽  
Comprehensive Account ◽  
Business And Human Rights ◽  
Corporate Activity

Abstract This paper presents an original framework designed to systematize understanding of corporate power over human rights. The framework disaggregates four sites of this power: corporations have direct power over individuals’ human rights, power over the materialities of human rights, power over institutions governing human rights, and power over knowledge around human rights. This disaggregation is derived primarily from the work of Barnett and Duvall and focuses on the effects of corporate activity rather than the Weberian understanding of power as the ability to achieve desired outcomes. The framework captures a broad set of corporate acts based on their (potential) harm to human rights. It is argued that understanding business and human rights through the lens of power can help to advance a more comprehensive account of business impacts on human rights.

Regulation

2020 ◽  
pp. 106-130
Author(s):  
Julian Petley
Keyword(s):  
Human Rights ◽  
Press Freedom ◽  
European Convention ◽  
England And Wales ◽  
Corporate Power ◽  
Private Lives ◽  
The Press ◽  
Privacy Breach ◽  
Human Rights Act ◽  
Human Rights Act 1998

This chapter examines the laws which have had a particular bearing on the practice of journalism in newspapers in England and Wales in the twentieth and twenty-first centuries. These relate to defamation, privacy, breach of confidence, official secrecy and terrorism. In particular it focusses on the recent impact of the European Convention on Human Rights and the Human Rights Act 1998 on how courts have interpreted and applied the various laws affecting press freedom in these particular areas. It argues that whilst much of the press has chafed against laws which prevent it from invading people’s private lives and unjustly defaming them, it has been remarkably insouciant about those which make it difficult to reveal abuses of state and corporate power.

A Rights-Based Approach to Foreign Agro-Investment in Cameroon: Enhancing the Protection of Local Communities’ Rights

2019 ◽  
Vol 63 (2) ◽  
pp. 163-191 ◽  
Author(s):  
Jean-Claude N Ashukem
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
Local Communities ◽  
The Government ◽  
Principles And Standards ◽  
Human Rights Norms

AbstractThis article investigates and illustrates the role and importance of a rights-based approach to foreign agro-investment for the government of Cameroon when it is required to govern foreign agro-investment activities. In doing so, the article offers an analytical framework based on human rights norms, principles and standards emerging from relevant international and regional human rights instruments. It aims to provide clarity on how local communities’ rights could be respected, protected and fulfilled when and where foreign agro-investment occurs. Consequently, because a rights-based approach requires states to respect their minimum human rights obligations, its use in the foreign agro-investment context is crucially important to help compel the government of Cameroon to ensure the respect, protection and fulfilment of local communities’ rights.

scholarly journals Analyzing the impact of trade and investment agreements on pharmaceutical policy: provisions, pathways and potential impacts

2019 ◽  
Vol 15 (S1) ◽  
Author(s):  
Deborah Gleeson ◽  
Joel Lexchin ◽  
Ronald Labonté ◽  
Belinda Townsend ◽  
Marc-André Gagnon ◽  
...  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Trade Agreements ◽  
Analytical Framework ◽  
Pharmaceutical Policy ◽  
Health And Human Rights ◽  
Policy Objectives ◽  
Investment Agreements ◽  
Trade And Investment

Abstract Background Trade and investment agreements negotiated after the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have included increasingly elevated protection of intellectual property rights along with an expanding array of rules impacting many aspects of pharmaceutical policy. Despite the large body of literature on intellectual property and access to affordable medicines, the ways in which other provisions in trade agreements can affect pharmaceutical policy and, in turn, access to medicines have been little studied. There is a need for an analytical framework covering the full range of provisions, pathways, and potential impacts, on which to base future health and human rights impact assessment and research. A framework exploring the ways in which trade and investment agreements may affect pharmaceutical policy was developed, based on an analysis of four recently negotiated regional trade agreements. First a set of core pharmaceutical policy objectives based on international consensus was identified. A systematic comparative analysis of the publicly available legal texts of the four agreements was undertaken, and the potential impacts of the provisions in these agreements on the core pharmaceutical policy objectives were traced through an analysis of possible pathways. Results An analytical framework is presented, linking ten types of provisions in the four trade agreements to potential impacts on four core pharmaceutical policy objectives (access and affordability; safety, efficacy, and quality; rational use of medicines; and local production capacity and health security) via various pathways. Conclusions The analytical framework highlights provisions in trade and investment agreements that need to be examined, pathways that should be explored, and potential impacts that should be taken into consideration with respect to pharmaceutical policy. This may serve as a useful checklist or template for health and human rights impact assessments and research on the implications of trade agreements for pharmaceuticals.

scholarly journals Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action

2017 ◽  
Vol 42 (02) ◽  
pp. 479-508
Author(s):  
Nate Ela
Keyword(s):  
Human Rights ◽  
Social Movement ◽  
Supreme Court ◽  
Analytical Framework ◽  
Class Action ◽  
Legal Mobilization ◽  
The Us ◽  
Us Supreme Court ◽  
The Impact ◽  
Alien Tort Statute

How do activist plaintiffs experience the process of human rights litigation under the Alien Tort Statute (ATS)? Answering this question is key to understanding the impact on transnational legal mobilization of Kiobel v. Royal Dutch Petroleum Co., in which the US Supreme Court sharply limited the scope of the ATS. Yet sociolegal scholars know remarkably little about the experiences of ATS litigants, before or after Kiobel. This article describes how activist litigants in a landmark ATS class action against former Philippine President Ferdinand Marcos faced a series of strategic dilemmas, and how disagreements over how to resolve those dilemmas played into divisions between activists and organizations on the Philippine left. The article develops an analytical framework focused on litigation dilemmas to explain how and why activists who pursue ATS litigation as an opportunity for legal mobilization may also encounter strategic dilemmas that contribute to dissension within a social movement.

Corporate power and human rights

2015 ◽  
Vol 19 (6) ◽  
pp. 663-672 ◽  
Author(s):  
Nicholas Connolly ◽  
Manette Kaisershot
Keyword(s):  
Human Rights ◽  
Corporate Power

Ideological positioning in news translation

Target ◽  
2015 ◽  
Vol 27 (2) ◽  
pp. 215-237 ◽  
Author(s):  
Li Pan
Keyword(s):  
Human Rights ◽  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
Analytical Framework ◽  
Critical Discourse ◽  
Appraisal Theory ◽  
Three Dimension ◽  
Chinese Reader ◽  
News Reports ◽  
Rights Issue

This article investigates the Chinese translations of several English news reports on China’s human rights issue carried in Reference News, a Chinese authoritative state-run newspaper devoted to translating foreign reports for the Chinese reader, and aims to establish how evaluative resources are resorted to by the translators to facilitate ideologically different positioning in presenting events and identifying participants in the translated news. The translations are compared with their English source texts using Appraisal Theory (Martin and White 2005) as the micro analytical framework and Fairclough’s (1995a, 1995b) three-dimension model of Critical Discourse Analysis as the explanatory framework.

scholarly journals Dinamika HAM dalam Perbincangan Tiga Dimensi: Tinjauan Konseptual dan Praktis

2020 ◽  
Vol 19 (2) ◽  
pp. 145
Author(s):  
Max Regus ◽  
Marianus Supar Jelahut ◽  
Antonius Nesi
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Dimensional Analysis ◽  
Three Dimensional ◽  
Analytical Framework ◽  
Dimensional Model ◽  
Practical Reflection ◽  
Analysis Models ◽  
Critical Literature

<p><em>Human Rights (HAM) has achieved a lot of progress as well as a stalemate. The human rights condition at these two points also shows human rights dynamics concerning various dimensional contexts. This article explicitly discusses the significant dimensions of the dynamics of human rights. Based on a critical literature review and practical reflection, this study proposes two three-dimensional analysis models of human rights dynamics at both global and national levels. The first model deals with the historical, theoretical, and practical dimensions of human rights dynamics. The second model explains the normative-philosophical, political, and sociological dimensions of the dynamics of human rights. This article consists of several sections, including an introduction, an analytical framework, the two</em><em>-</em><em>dimensional model of human rights dynamics, and </em><em>a </em><em>conclusion.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Human<strong> </strong>rights, Human rights dynamics, State, R2P, Citizen</em><em></em></p>

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