...HUMAN RIGHTS LAW IMPACT OF GLOBALISATION ON HUMAN RIGHTS TABLE OF CONTENTS Contents INTRODUCTION ..................................................................................................................... 3 RESEARCH METHODOLOGY............................................................................................... 5 CHAPTER 1 GLOBALISATION ............................................................................................. 7 CHAPTER 2 INTERNATIONAL HUMAN RIGHTS LAW ................................................. 10 CHAPTER 3 IMPACT OF GLOBALISATION ON HUMAN RIGHTS............................... 13 Economic Rights .................................................................................................................. 13 Political Rights ..................................................................................................................... 17 CONCLUSION ........................................................................................................................ 21 BIBLIOGRAPHY .................................................................................................................... 23 Articles ................................................................................................................................. 23 Books .................................................................................................................................... 24 Miscellaneous ..........
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...CORPORATE RESPONSIBILITY PAPER. Question: Does Walmart have a corporate responsibility to avoid doing business in countries that are undemocratic, violate human rights, or permit exploitative work conditions even if it benefits those employed by Walmart in that country. In order to understand the reasons why Walmart should care about doing business in undemocratic countries where human rights are constantly being violated, several factors must be taken into consideration. Firstly, the definition of corporate and social responsibility must be clearly realized. Next, there should be thorough comprehension of corporate law and international corporate law in relation to human rights. Another point to identify to realize Wal-Mart’s responsibility is the efforts that have been made by the corporation in the issues of humanitarianism; in this we will identify cases, which will illustrate the corporation’s record when it comes to human rights. As a corporation founded in one of the democratic countries in the world as well as a major player in international organizations such as the United Nations, Wal-Mart as an entity has a moral responsibility to adhere to human rights law and protecting the citizens of so called “undemocratic countries.”, Corporate responsibility is defined as “duty and rational conduct expected of a corporation; accountability of a corporation to a code of ethics and to established laws” (Dictionary.com.) but in this case, the definition of Corporate Social...
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...THE RIGHT TO HEALTH IN THE UNITED STATES OF AMERICA WHAT DOES IT MEAN? Acknowledgements ...............................................................................................................i About the Center for Economic and Social Rights ...............................................................i Executive Summary............................................................................................................ ii Introduction......................................................................................................................... 1 I. The Legal Framework for the Right to Health ................................................................ 4 A. The Right to Health in the UDHR and ICESCR..................................................... 5 B. Substantive Elements Required to Fulfill the Right to Health................................ 6 C. Procedural Protections of the Right to Health ........................................................ 7 II. The Current U.S. System ............................................................................................ 8 A. The Legal Structure................................................................................................. 9 B. The Financial Structure: Who Pays? Who Profits? .............................................. 11 III. International Standards in the U.S. Context .......................................................... 13 A. Availability...........................
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...S w 9B09M035 TALISMAN ENERGY INC.: THE DECISION TO ENTER IRAQ Natalie Slawinski wrote this case under the supervision of Professor Pratima Bansal solely to provide material for class discussion. The authors do not intend to illustrate either effective or ineffective handling of a managerial situation. The authors may have disguised certain names and other identifying information to protect confidentiality. Ivey Management Services prohibits any form of reproduction, storage or transmittal without its written permission. Reproduction of this material is not covered under authorization by any reproduction rights organization. To order copies or request permission to reproduce materials, contact Ivey Publishing, Ivey Management Services, c/o Richard Ivey School of Business, The University of Western Ontario, London, Ontario, Canada, N6A 3K7; phone (519) 661-3208; fax (519) 661-3882; e-mail cases@ivey.uwo.ca. Copyright © 2009, Ivey Management Services Version: (A) 2009-07-02 In June 2008, John Manzoni, president and chief executive officer (CEO) of Talisman Energy Inc. (Talisman), and his senior management team were called to a special board of directors’ meeting. The board was debating Talisman’s proposed entry into the oil-rich Kurdistan region of Iraq. This move was potentially very lucrative for the company but also posed many risks. Talisman had been tracking the issues related to the Kurdistan region for a number of years. The company had consulted multiple stakeholders...
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...The Subject, Object, Addressee and Source Analysis of The Right to Development (RTD) | 2011 | By Giday Meles | | The Right to Development The Declaration on the Right to Development which clearly stated that the right to development (hereafter RTD) as a human right was adopted by the United Nations in 1986 by an overwhelming majority, with the US casting the single nonconforming vote. The concept of the RTD attracted much attention after it was incorporated in the Declaration on the Right to Development. In spite of such incorporation, however, it is far from clearly establishing the source, content, subject and addressee under the realm of international law and as result it has been subject of contention. By taking what has been stated above as a background, this paper examines the narratives on such issues as ‘the right to development’; ‘the source of right to development’; ‘subject of the right to development’; the object of the right to development’ and ‘the addressee analysis’. In terms of methodology, the paper uses information that will be gathered from books, articles, declarations and covenants as well as official legal documents, and others. The first article of the Declaration on the Right to Development puts the concept of the right to development as ‘an inalienable human right by virtue of which every human person and all peoples are entitled to participate in and contribute to and enjoy economic, social...
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...December 6th, 2011 Women’s Rights in Saudi Arabia One of the most driving forces in the world today is the issue of power and who should have it or not have it. Power relates to rights and applies to both males and females alike. Power transcends to human rights and the free will to do as a person wants to do as long as it’s within the boundaries of the rules and regulations that govern a particular place. However, we know that power has been held by an overwhelming majority by males which has led to women being deprived of some of the basic privileges that should be afforded to every human being. There have been varying reasons why women’s rights and privileges have been denied ranging from their biological inferiority to religious reasons. Saudi Arabia is known as the birthplace of Islam. Consequentially, the country adheres to a strict interpretation of Islamic religious law called the Sharia. For example, in Saudi Arabia, men and women are not permitted to attend public events together. Furthermore, men and women are segregated in the work place with men getting finer office spaces and women getting offices that alienate them from public view. In Saudi Arabia, there is an obvious divide of gender roles where men basically have majority of the power while women are afforded very limited rights (Mackey 10). I will be evaluating women’s rights in Saudi Arabia to show how they are denied their basic rights as human beings like economic rights, marriage, and purdah (concepts...
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...Center of Science and Education Globalization, Transnational Corporations and Human Rights – A New Paradigm Jennifer Westaway1 1 School of Business Law and Taxation, Curtin University, Perth, Australia Correspondence: Jennifer Westaway, School of Business Law and Taxation, Curtin University, GPO Box U1987, Perth, 6957, Western Australia. Tel: 61-892-666-3945. E-mail: jennifer.westaway@cbs.curtin.edu.au Received: February 13, 2012 doi:10.5539/ilr.v1n1p63 Abstract The growth in power and influence of the transnational corporation under the forces of globalization has been touted as being one of the most significant developments both domestically and internationally. Changes to economic, political and financial barriers by many developing countries with the hope to attract international investment have seen the move by transnational corporations to exploit these opportunities. There are many who argue that the impact of transnational corporations has been positive, providing employment and income opportunities as well as country wealth. There are however, many who argue that the power and influence of the transnational corporation brings with it the ability to directly impact adversely on human rights and that as the transnational corporation operates outside human rights obligations assumed by each state pursuant to their status under international conventions, there needs to be a new human rights dialogue. This paper addresses the significance of the transnational corporation...
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...FINAL (SUMMER) INTERNSHIP REPORT BY EMMANUEL EKIBA BAGENDA On secondment by the International Human Rights Program (at the University of Toronto Faculty of Law), I served as an intern with the Uganda Human Rights Commission (UHRC) during the summer of 2006. My internship lasted from May to August and, during this time, I worked under the immediate supervision of Mrs Christine Birabwa Nsubuga (who heads the Legal and Tribunals Section of the UHRC) and Mr Remmy Beauregard (who is the UHRC’s Institutional Development Advisor). Substantive Engagements The main project on which I worked during the internship was a comparative analysis between the UHRC’s legal framework and that of other national (and provincial) human rights commissions in a range of countries, including Malawi, South Africa, Canada, and Ghana. The primary aim of all this was to highlight ways in which the UHRC’s legal framework could be buttressed in a manner that facilitated the promotion of human rights in Uganda. The working hypothesis, in other words, was that the UHRC could overcome some of the institutional and substantive challenges it faced by drawing upon the normative frameworks of its correspondent institutions in other jurisdictions. Background work on this particular project had been done by the University of Toronto Working Group on Uganda, and had yielded an initial framework of responses to be refined by concrete experiences acquired during the internship. In refining the initial report...
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...social revolution, the main goal may be securing more human rights, but how are human rights defined? Since there is no clear cut definition for these rights throughout history, it can be hard to say when they are violated or when they are respected. Human rights may be defined differently by people from different backgrounds, different classes, different countries, or even in different revolutions. Latin America in particular has faced numerous social revolutions, as well as military dictatorships, so the issue of human rights is a highly important topic in the region. Human rights in Latin America, however, seem to have different definitions based on the historical times, as evident through the eyes of Emiliano Zapata in the time of the Mexican Revolution, Julián the Turk in the time of Argentina’s Dirty War, and a female...
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... the plant Earth will continue to turn and with every turn, the human race will continue progress in its pursuit of knowledge. Each day brings the human race one step closer to a brighter, more vibrant future. In the past seventy years, the human race has made tremendous strides in a plethora of fields. Within this plethora of flourishing fields lies the field of human rights. Since 1945, the field of human rights has prospered so rapidly that present day human rights differ immensely from the human right laws of 1945. The definitions and institutions of human rights have evolved so greatly that a whole new world has opened up. Through decades of determination as well as struggle, these definitions and institutions of human rights have made vast advances towards the inclusion of basic human rights to all. Between the United Nations, nongovernmental organizations, and citizens of our world, the fight for equality has brought about a successful change. The concept that every person is entitled to certain, inalienable rights simply by the virtue of their humanity is relatively new. The year of 1945 marks not only the historical end of World War II, but it also indicates the propulsion of human rights into the universal scale. The combined extermination by Nazi Germany of over 11 million Jews, Gypsies, communists, Polish, homosexuals, and mentally and physically disabled stunned the world. In her essay Hunt notes, “ As the war ended, revelations about the scale of the horrors...
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...international migrants can gain protection and/or rights. First is the protection that exists for refugees under the terms of the 1951 Geneva Convention. Under the Convention, a refugee is defined as someone who, ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion is outside the country of his nationality …’. Being a refugee means being unable to seek protection in your country of nationality because of a fear of persecution and so refugee status brings with it the protection of the international community. One of the ways in which potential refugees access protection is by seeking asylum, at which point the receiving state considers the individual’s case to be a refugee. There also exists an extensive human rights framework that should, in principle, protect people regardless of their immigration status and their motive or motives for migration. Universality underlies these treaty regimes and included in this are children’s rights and women’s rights as well as political, civil, economic, social and cultural rights, all enforceable through actions against the state. Finally, there are nation state rights which are stratified by an individual’s citizenship and immigration status within the country of residence (Morris, 2002). Under the stratified system of rights, naturalized citizens and refugees have extensive rights and are at one end of the continuum. At the other ...
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...non-judicial mechanisms in addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European Union. Overall editing of this report was done by Alison...
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...animal rights, this question is posed to create a line; on opposite sides of this line lay the differences between “persons” and “not persons.” However, it is not practical, nor is it possible to have one unified definition that defends or refutes any of these points. It is important to note that although this question can be answered for individual points, it is not a question that can be answered with the same boundaries for all points collectively. Although a case by case basis can be given, a unified answer lies in the fact that the all points can collectively be answered ethically. As defined by Mary Warren in her argument that abortion is an ethically acceptable action, a person is a being that fulfills five characteristics: consciousness, reasoning, motivation, capacity to communicate, and the concept of self (the ability to see oneself as an entity). She concedes that there are cases in which a person may be considered a person if that being has several of these characteristics, but also states that in these marginal cases, the greatest benefit to society is that personhood is defined to ethically condone the most moral actions. For example, in the case of a mentally retarded human being who most likely has consciousness, motivation, and communication skills, that person should be considered a person as this person has lived and has the capacity to do so. In the case of abortion, another marginal case, she argues that the right of the mother supersedes the right of the...
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...1. Discuss the concept of corporate social responsibility. What role does it play in the relationship between a company and its host country? (Course objective 1) International social responsibility is the expectation that MNCs concern themselves with the social and the economic effects of their decisions regarding activities in other countries. An MNC’s stance on international social responsibility determines how harmonious and productive its long-term relationships with host countries will be. By taking an open-systems perspective on CSR it is more likely that the MNC will be taking the right action relevant to all stakeholders. 2. Discuss the criticisms which have been levied against MNCs in the past regarding their activities in less-developed countries. What counter-arguments are there to those criticisms? (Course objectives 1, 2) MNCs have been criticized for disrupting the social, technological, and political climates in host nations. Governments often have a “love-hate” relationship with MNCs because they want the economic advantages produced by the presence of MNCs, but they regret the negative impacts MNCs often have on the political and social environments. MNCs can defend themselves by pointing out that, without their presence, host nations would not have as many jobs or trade opportunities, as well as opportunities to appropriate technology. MNCs have also been accused of destroying local culture through globalization. Although MNCs have increased the degree...
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...Safety and Health Act (OSHA), the meat and meat products industry received the dubious distinction of being designated as one of the five classifications with the highest injury rates (Sparks Companies, 1999). Now almost forty years later the industry is still considered one of the most dangerous. The Bureau of Labor Statistics notes that the meat and meat products industry had the nation’s highest industrial injury for the five consecutive years from 1980 to 1985 (U.S. Department of Labor, 1988). Much the same as it was in 1943 (Horowitz, 2008). It was into this arena that Human Rights Watch decided to step. On its website Human Rights Watch describes itself as an independent organization dedicated to protecting human rights by exposing violations and trying to end abuses (Human Rights Watch, N.D.). Their 2005 study of three American meat packing plants revealed what they claim to be unsafe working conditions; intimidation of union organizers; denial of worker’s compensation claims for on the job injuries; and the exploitation of worker’ immigrations status to prevent complaints (Gonzalez, 2005). As a result of their investigation Human Rights Watch (2005) arrived at...
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