The ever increasing nexus between human rights and business and the accompanying vagueness of con... more The ever increasing nexus between human rights and business and the accompanying vagueness of concepts such as a company's ‘sphere of responsibility’ for human rights can, and has, created anxiety amongst companies. Considerations of human rights traditionally take place in the context of a state-based system of global governance; however, the rise of the corporation as a powerful non-state actor in recent decades has seen increased interest in understanding the emerging relationship between human rights and business and what, if any, responsibility business should assume for protecting human rights. This article considers the role played by U.S. technology companies such as Yahoo, Google and Microsoft in working with the Chinese government to censor internet content and thus intrude on the human rights to freedom of expression and opinion and the right to privacy. It concludes by focusing on the practicalities of protection and how human rights responsibilities might be apportioned between states and business and if so, how, when and why such an obligation might ensue.
While blockchain was designed as a ledger for cryptocurrency transactions, it can record transact... more While blockchain was designed as a ledger for cryptocurrency transactions, it can record transactions of anything of value. Blockchain is increasingly used to prove the integrity of commodities, tracing their supply chain journey from the source to the end user. Yet, transferring this technology from a cryptocurrency context to a supply chain setting is not without difficulties. This article explores the implications for multinational and transnational companies in using blockchain as a means to address modern slavery. The research identifies five challenges: verification, inclusion, trust, privacy, and normativity.
Working from a combination of disciplinary backgrounds (law and sustainability accounting) and in... more Working from a combination of disciplinary backgrounds (law and sustainability accounting) and in anticipation of the Australian federal legislation, our project’s research had two primary aims: • To evaluate the evolving model of legislative disclosure or reporting regimes focusing on modern slavery risks and to ask if, and how promoting statutory reporting requirements ('transparency' aim) might contribute to substantive human rights improvement ('accountability' aim). • To conduct empirical research (through survey and interview) to examine emerging practices (in Australia and the UK) as to what might constitute best practice in addressing modern slavery risks in supply chains.
Corporate accountability actions brought under the Alien Tort Statute (ATS) tend to be grounded m... more Corporate accountability actions brought under the Alien Tort Statute (ATS) tend to be grounded more in hope than in expectation. While an effective publicity tool for highlighting allegations of corporate irresponsibility and a successful approach for gaining favorable settlements in a few high-profile cases, U.S. courts have generally been reluctant to use the ATS to hold global corporations accountable for their actions outside the United States.
This submission summarises some of the research conducted at the Allens Hub for Technology, Law a... more This submission summarises some of the research conducted at the Allens Hub for Technology, Law and Innovation at UNSW Sydney, which may assist the Commission in exploring issues relating to technology and human rights. We are aware that some of the research referred in our paper may relate to very specific topics, as they were not originally written for this paper. Nonetheless, we hope our research will aid the Commission in exploring issues relating to technology and human rights, particularly in the areas of social media regulations and AI-informed decision making. Overall, we are grateful for the opportunity to present our views and hope this paper will help the Commission in completing his final report.
This article examines a company's responsibility to respect human rights, focusing in particu... more This article examines a company's responsibility to respect human rights, focusing in particular on corporate global supply chains. While global supply chains have long been associated with a range of human rights violations, a number of recent legislative initiatives both in Australia and elsewhere are applying traditional corporate concepts-such as due diligence and reporting-in a human rights framework, to ensure companies respect human rights wherever they operate.
This article traces the interrelationship of human rights with business and considers the central... more This article traces the interrelationship of human rights with business and considers the central role played by corporations in the global economy. In particular it examines three points of intersection between human rights and business: transnational commerce, trade and investment, and development aid. As the influence of corporations on the economic and political scene in many countries has increased in recent decades, international law has barely responded to this growing imbalance of power exposing an accountability gap within the broad global economy for corporate related human rights abuses. In outlining the key theoretical, practical and institutional features of the intersection with international human rights standards and the global economy, the paper stresses the growing importance of corporations in the field and the attendant international legal responsibilities and expectations that are now made of corporations in the quest to better protect and promote human rights. Evidently the impact of the global economy on human rights is extremely significant, even if, as yet, the same cannot be said in respect of the human rights impact on the global economy.
The ever increasing nexus between human rights and business and the accompanying vagueness of con... more The ever increasing nexus between human rights and business and the accompanying vagueness of concepts such as a company's ‘sphere of responsibility’ for human rights can, and has, created anxiety amongst companies. Considerations of human rights traditionally take place in the context of a state-based system of global governance; however, the rise of the corporation as a powerful non-state actor in recent decades has seen increased interest in understanding the emerging relationship between human rights and business and what, if any, responsibility business should assume for protecting human rights. This article considers the role played by U.S. technology companies such as Yahoo, Google and Microsoft in working with the Chinese government to censor internet content and thus intrude on the human rights to freedom of expression and opinion and the right to privacy. It concludes by focusing on the practicalities of protection and how human rights responsibilities might be apportioned between states and business and if so, how, when and why such an obligation might ensue.
While blockchain was designed as a ledger for cryptocurrency transactions, it can record transact... more While blockchain was designed as a ledger for cryptocurrency transactions, it can record transactions of anything of value. Blockchain is increasingly used to prove the integrity of commodities, tracing their supply chain journey from the source to the end user. Yet, transferring this technology from a cryptocurrency context to a supply chain setting is not without difficulties. This article explores the implications for multinational and transnational companies in using blockchain as a means to address modern slavery. The research identifies five challenges: verification, inclusion, trust, privacy, and normativity.
Working from a combination of disciplinary backgrounds (law and sustainability accounting) and in... more Working from a combination of disciplinary backgrounds (law and sustainability accounting) and in anticipation of the Australian federal legislation, our project’s research had two primary aims: • To evaluate the evolving model of legislative disclosure or reporting regimes focusing on modern slavery risks and to ask if, and how promoting statutory reporting requirements ('transparency' aim) might contribute to substantive human rights improvement ('accountability' aim). • To conduct empirical research (through survey and interview) to examine emerging practices (in Australia and the UK) as to what might constitute best practice in addressing modern slavery risks in supply chains.
Corporate accountability actions brought under the Alien Tort Statute (ATS) tend to be grounded m... more Corporate accountability actions brought under the Alien Tort Statute (ATS) tend to be grounded more in hope than in expectation. While an effective publicity tool for highlighting allegations of corporate irresponsibility and a successful approach for gaining favorable settlements in a few high-profile cases, U.S. courts have generally been reluctant to use the ATS to hold global corporations accountable for their actions outside the United States.
This submission summarises some of the research conducted at the Allens Hub for Technology, Law a... more This submission summarises some of the research conducted at the Allens Hub for Technology, Law and Innovation at UNSW Sydney, which may assist the Commission in exploring issues relating to technology and human rights. We are aware that some of the research referred in our paper may relate to very specific topics, as they were not originally written for this paper. Nonetheless, we hope our research will aid the Commission in exploring issues relating to technology and human rights, particularly in the areas of social media regulations and AI-informed decision making. Overall, we are grateful for the opportunity to present our views and hope this paper will help the Commission in completing his final report.
This article examines a company's responsibility to respect human rights, focusing in particu... more This article examines a company's responsibility to respect human rights, focusing in particular on corporate global supply chains. While global supply chains have long been associated with a range of human rights violations, a number of recent legislative initiatives both in Australia and elsewhere are applying traditional corporate concepts-such as due diligence and reporting-in a human rights framework, to ensure companies respect human rights wherever they operate.
This article traces the interrelationship of human rights with business and considers the central... more This article traces the interrelationship of human rights with business and considers the central role played by corporations in the global economy. In particular it examines three points of intersection between human rights and business: transnational commerce, trade and investment, and development aid. As the influence of corporations on the economic and political scene in many countries has increased in recent decades, international law has barely responded to this growing imbalance of power exposing an accountability gap within the broad global economy for corporate related human rights abuses. In outlining the key theoretical, practical and institutional features of the intersection with international human rights standards and the global economy, the paper stresses the growing importance of corporations in the field and the attendant international legal responsibilities and expectations that are now made of corporations in the quest to better protect and promote human rights. Evidently the impact of the global economy on human rights is extremely significant, even if, as yet, the same cannot be said in respect of the human rights impact on the global economy.
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