Recent legislative efforts to address modern slavery emphasise corporate disclosure as the primar... more Recent legislative efforts to address modern slavery emphasise corporate disclosure as the primary regulatory tool. New modern slavery disclosure laws harden the expectation that business will conduct itself responsibly; however, they are founded on a soft approach to enforcement which is essentially outsourced to the market. This paper questions the effectiveness of this disclosure-based enforcement mechanism, which primarily relies on a narrowly defined concept of ‘the market’ as the basis for its regulatory strategy. Drawing on comparisons with alternative legislative enforcement frameworks to counter foreign bribery and illegal logging, this paper highlights the opportunities and limitations of reliance on market forces for regulation and suggests a path forward for enhancing the modern slavery enforcement approach.
Corporate responsibility involves a notion that companies have some level of responsibility (but ... more Corporate responsibility involves a notion that companies have some level of responsibility (but not necessarily liability) for social issues that include human rights. But the parameters of such responsibility are unclear. What human rights are relevant to companies? What are the limits on a corporation's 'responsibility' for human rights? To whom is such responsibility owed? Does corporate responsibility involve anything more than a voluntary assumption by companies to act 'ethically'? This article examines the concept of corporate responsibility and its relationship with international human rights law. It then focuses on the particular Australian derivation of corporate responsibility in light of the two recent federal government inquiries in 2005-06. The article concludes by arguing that if corporate responsibility is to be given meaning, it urgently requires greater articulation of both the concept and its limits. A common framework that identifies the right...
The influence of transnational corporations (‘TNCs’) on the economic and political life of most c... more The influence of transnational corporations (‘TNCs’) on the economic and political life of most countries – and on economic and political relations in general – has increased greatly in recent decades. Today, the economic capacities of transnational corporations go far beyond the economic capacities of the countries in which they operate, and their political muscle is often far greater than the ability of some states to regulate them effectively. This article considers the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (‘the Norms’) as a framework for definitively outlining the human rights responsibilities of business and argues that the Norms are a welcome initiative in comprehensively defining these obligations.
O presente artigo analisa alguns limites dos modelos de prestação de informações para avaliar se ... more O presente artigo analisa alguns limites dos modelos de prestação de informações para avaliar se são ferramentas hábeis na identificação de riscos das atividades empresariais em matéria de direitos humanos, bem como para engajar as empresas em esforços colaborativos para defende-los. A Lei de Escravidão Moderna da Austrália (MSA, 2018, Commonwealth) é o mais recente exemplo global entre os modelos legislativos criados para estimular a ação corporativa nas operações de seus negócios e nas cadeias de suprimento diante desses riscos. Alguns desses modelos exigem a implementação de medidas de due diligence em direitos humanos (DDDH), como previsto pelos Princípios Orientadores sobre Empresas e Direitos Humanos da ONU, de 2011. Entretanto, o modelo do MSA é melhor descrito como um regime de transparência e de dever de informar. Esse tipo de regime não exige que as empresas tomem medidas de DDDH; ao invés, apenas exigem que elas reportem sobre as medidas que tomaram durante o período aval...
The startling report by the International Trade Union Commission, 'The Case Against Qatar'... more The startling report by the International Trade Union Commission, 'The Case Against Qatar', released in March 2014,1 predicts that 4,000 migrant construction workers will die in Qatar while labouring to build stadia, hotels, subways, roads and a new airport in preparation for the 2022 FIFA World Cup. 1,200 workers have already died on the job in Qatar since 2010 but construction continues unabated. FIFA say the situation in Qatar is a 'complex matter'. Though Qatari government representatives have said they are 'taking the problem seriously', little has changed in the treatment of the migrant workers who make up 96% of Qatar's workforce.
Human Rights and the Moral Responsibilities of …, 2005
The idea that businesses have obligations corresponding to human rights is relatively new, still ... more The idea that businesses have obligations corresponding to human rights is relatively new, still controversial, and involves some revision of the thinking that is expressed in the central instruments of international human rights law. Despite all of that, might the idea be defensible? I shall ...
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.
... 48 Gordon and Miyake, above n 35, 14. 49 Lance Compa and Tashia Hinchcliffe-Darricarrere, En... more ... 48 Gordon and Miyake, above n 35, 14. 49 Lance Compa and Tashia Hinchcliffe-Darricarrere, Enforcing International Labor Rights through Corporate Codes of Conduct‟ (1995) 33 Columbia Journal of Transnational Law 663, 686. ...
Recent legislative efforts to address modern slavery emphasise corporate disclosure as the primar... more Recent legislative efforts to address modern slavery emphasise corporate disclosure as the primary regulatory tool. New modern slavery disclosure laws harden the expectation that business will conduct itself responsibly; however, they are founded on a soft approach to enforcement which is essentially outsourced to the market. This paper questions the effectiveness of this disclosure-based enforcement mechanism, which primarily relies on a narrowly defined concept of ‘the market’ as the basis for its regulatory strategy. Drawing on comparisons with alternative legislative enforcement frameworks to counter foreign bribery and illegal logging, this paper highlights the opportunities and limitations of reliance on market forces for regulation and suggests a path forward for enhancing the modern slavery enforcement approach.
Corporate responsibility involves a notion that companies have some level of responsibility (but ... more Corporate responsibility involves a notion that companies have some level of responsibility (but not necessarily liability) for social issues that include human rights. But the parameters of such responsibility are unclear. What human rights are relevant to companies? What are the limits on a corporation's 'responsibility' for human rights? To whom is such responsibility owed? Does corporate responsibility involve anything more than a voluntary assumption by companies to act 'ethically'? This article examines the concept of corporate responsibility and its relationship with international human rights law. It then focuses on the particular Australian derivation of corporate responsibility in light of the two recent federal government inquiries in 2005-06. The article concludes by arguing that if corporate responsibility is to be given meaning, it urgently requires greater articulation of both the concept and its limits. A common framework that identifies the right...
The influence of transnational corporations (‘TNCs’) on the economic and political life of most c... more The influence of transnational corporations (‘TNCs’) on the economic and political life of most countries – and on economic and political relations in general – has increased greatly in recent decades. Today, the economic capacities of transnational corporations go far beyond the economic capacities of the countries in which they operate, and their political muscle is often far greater than the ability of some states to regulate them effectively. This article considers the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (‘the Norms’) as a framework for definitively outlining the human rights responsibilities of business and argues that the Norms are a welcome initiative in comprehensively defining these obligations.
O presente artigo analisa alguns limites dos modelos de prestação de informações para avaliar se ... more O presente artigo analisa alguns limites dos modelos de prestação de informações para avaliar se são ferramentas hábeis na identificação de riscos das atividades empresariais em matéria de direitos humanos, bem como para engajar as empresas em esforços colaborativos para defende-los. A Lei de Escravidão Moderna da Austrália (MSA, 2018, Commonwealth) é o mais recente exemplo global entre os modelos legislativos criados para estimular a ação corporativa nas operações de seus negócios e nas cadeias de suprimento diante desses riscos. Alguns desses modelos exigem a implementação de medidas de due diligence em direitos humanos (DDDH), como previsto pelos Princípios Orientadores sobre Empresas e Direitos Humanos da ONU, de 2011. Entretanto, o modelo do MSA é melhor descrito como um regime de transparência e de dever de informar. Esse tipo de regime não exige que as empresas tomem medidas de DDDH; ao invés, apenas exigem que elas reportem sobre as medidas que tomaram durante o período aval...
The startling report by the International Trade Union Commission, 'The Case Against Qatar'... more The startling report by the International Trade Union Commission, 'The Case Against Qatar', released in March 2014,1 predicts that 4,000 migrant construction workers will die in Qatar while labouring to build stadia, hotels, subways, roads and a new airport in preparation for the 2022 FIFA World Cup. 1,200 workers have already died on the job in Qatar since 2010 but construction continues unabated. FIFA say the situation in Qatar is a 'complex matter'. Though Qatari government representatives have said they are 'taking the problem seriously', little has changed in the treatment of the migrant workers who make up 96% of Qatar's workforce.
Human Rights and the Moral Responsibilities of …, 2005
The idea that businesses have obligations corresponding to human rights is relatively new, still ... more The idea that businesses have obligations corresponding to human rights is relatively new, still controversial, and involves some revision of the thinking that is expressed in the central instruments of international human rights law. Despite all of that, might the idea be defensible? I shall ...
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.
... 48 Gordon and Miyake, above n 35, 14. 49 Lance Compa and Tashia Hinchcliffe-Darricarrere, En... more ... 48 Gordon and Miyake, above n 35, 14. 49 Lance Compa and Tashia Hinchcliffe-Darricarrere, Enforcing International Labor Rights through Corporate Codes of Conduct‟ (1995) 33 Columbia Journal of Transnational Law 663, 686. ...
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.
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