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18 Sep 2018, 12:01 pm
Last year, as part of a marvelous group brought together by Surya Deva and David Bilchitz, I considered the conundrum faced by those advancing the project that eventually produced this Zero-Draft ("Principled Pragmatism in the Elaboration of a Comprehensive Treaty on Business and Human Rights," in Building a Treaty on Business and Human Rights: Context and Contours 105-130 (Surya Deva and David Bilchitz, eds., Cambridge University Press, 2017; further… [read post]
24 Jun 2022, 6:54 am
Due Diligence: Unclear Destination Such developments hold great promise. [read post]
10 Apr 2018, 2:40 pm
From early in the twentieth century it has been commonplace to understand that the corporation and its fiduciaries owe their highest duty of loyalty to equity holders, and that this duty requires the operation of the enterprise to maximize the value of their holdings.9 This principle of shareholder primacy continues to serve as the central principal of the legal management of corporate governance.10 From the 1960s, CSR acquired a political dimension as well.11 Milton Friedman famously… [read post]
17 Apr 2017, 1:26 pm
From early in the 20th century it has been commonplace to understand that the corporation and its fiduciaries owe their highest duty of loyalty to equity holders, and that this duty requires the operation of the enterprise to maximize the value of their holdings.[9] This principle of shareholder primacy continues to serve as the central principal of the legal management of corporate governance. [read post]
8 Jul 2018, 4:48 pm
There was a sense that the appropriate approach to the management of behavior (by states or private institutions) was increasingly centered on the ability of decision makers to deploy data within algorithms to develop finely tuned systems of reward and punishment to manage appropriate behavior, to hold individuals accountable, and to contribute to social development (e.g., Shiller, 1993). [read post]
23 Jun 2022, 8:25 am
The current, Third Draft is the most detailed of the drafts published so far: article 8 first outlines general obligations to ensure victims can hold corporations liable in domestic courts for human rights abuses. [read post]
21 Jun 2022, 5:28 pm
For instance, only 30 countries have adopted BHR National Action Plans so far, essential opportunity for holding governments accountable for the protection of human rights (DIHR 2017). [read post]
31 Aug 2020, 7:32 pm
Extraterritoriality is viewed as a means of avoiding the impunity that arises from the governance gaps that are the inevitable consequence of global production chains overlying state based territorially constrained authority (Deva 2004). [read post]
6 Aug 2018, 8:38 pm
(Pix © Larry Catá Backer 2018)Last year I taught a course on Corporate Social Responsibility Law for the very first time (Corporate Social Responsibility Law--A Tentative Syllabus). [read post]
5 Aug 2017, 5:37 pm
(Pix © Larry Catá Backer 2016) Several months ago I posted a draft syllabus for a new course on Corporate Social Responsibility (Corporate Social Responsibility Law--A Tentative Syllabus). [read post]
3 Oct 2023, 9:57 am
The first one will happen on 5th October 12.00 – 13.30 CET with fantastic panel of BHR names: Surya Deva, Karin Buhmann, David Birchall and Ioannis Kampourakis. [read post]
23 Sep 2021, 10:00 am
Pix Credit: Council of Europe--Paris Principles at 25. [read post]
27 Jun 2022, 10:50 am
At the same time this spurred a sequence of efforts to adopt human rights standards and hold transnational corporations accountable. [read post]
27 Jun 2020, 1:53 pm
Poster for the Movie "Gone with the Wind" 1939One generally comes to appreciate a way of life, and a way of understanding the fundamental taboos around which a society creates it operative ideal--one appreciates these things--only after they have gone. [read post]
7 Apr 2021, 7:06 pm
Action Against the Solid Virtues of Prosperity and Stability; Considering Albert Chen Hung-yee 陳弘毅 Essay on the Situation in Hong Kong Part 2: 一國兩制的博弈 ["The Game of One Country Two Systems"] pp. 117-124 Chapter 10: Tuesday August 13, 2019 Dividing the Baby, and Killing it, Too; Press Briefing Note from the United Nations High Commissioner for Human Rights… [read post]
29 Jun 2022, 12:41 pm
Beyond the Ritual of Treaties as Gestures Effectively Closing the Governance Gap in the Area of Business and Human Rights with a Framework Treaty 24.06.2022 A framework convention approach to the regulatory management of the human rights and sustainability effects of economic activity holds much promise. [read post]
15 May 2019, 7:21 pm
The trend was especially evident in the governance of behavior traditionally beyond the reach of states—transnational economic activity.[10] There was a sense that the appropriate approach to the management of behavior (by states or private institutions) was increasingly centered on the ability of decision makers to deploy data within algorithms to develop finely tuned systems of reward and punishment, which would manage appropriate behavior, hold individuals accountable, and… [read post]
6 Sep 2016, 7:46 pm
Decides that the open-ended intergovernmental working group shall hold its first session for five working days in 2015, before the thirtieth session of the Human Rights Council; 5. [read post]
3 Dec 2021, 8:19 am
It was my great delight to be able to present a paper, The Algorithmic Law of Business and Human Rights: Constructing a Private Transnational Law of Ratings, Social Credit, and Accountability Measures authored together with Matthew McQuilla (Penn State SIA MIA 2021) at the Algorithmic Law and Society Symposium 2 December 2021.The paper suggests the consequences of the iconoclasm of emerging principles of algorithmic governance--the move from law as an exogenous force to a system of… [read post]
1 Jan 2013, 1:27 pm
Still, the basic ideas—that authority is organized through states that hold political power and that together create globally significant substantive standards, has been a powerfully influential structure that guides much of the discourse of rights.[5] Within this construct, human rights as been among the system’s earliest and most important projects. [read post]
