Browse by title

You are looking at 1 - 10 of 52 items :

  • Human Rights x
  • Regulation and Governance x
Clear All
This content is available to you

Ben Wagner, Matthias C. Kettemann and Kilian Vieth

In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. As ever more human beings, organizational systems and technical devices transition online, realizing human rights in online settings is becoming ever more pressing. When looking at basic human rights such as freedom of expression, privacy, free assembly or the right to a fair trial, all of these are heavily impacted by new information and communications technologies. While there have been many long-standing debates about the management of key Internet resources and the legitimacy of rules applicable to the Internet – from legal norms to soft law, from standards to code – it is only more recently that these debates have been explicitly framed in terms of human rights. The scholarly field that has grown in response to these debates is highly interdisciplinary and draws from law, political science, international relations, geography and even computer science and science and technology studies (STS). In order to do justice to the interdisciplinary nature of the field, this Research Handbook on Human Rights and Digital Technology: Global Politics, Law and International Relations unites carefully selected and reviewed contributions from scholars and practitioners, representing key research and practice fields relevant for understanding human rights challenges in times of digital technology.

You do not have access to this content

Research Handbook on Human Rights and Digital Technology

Global Politics, Law and International Relations

Edited by Ben Wagner, Matthias C. Kettemann and Kilian Vieth

In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies.
You do not have access to this content

Argumentative strategies

The Emergence of the Business and Human Rights Regime as Transnational Law

Karin Buhmann

Chapter 6 compares and synthesises the insights of the five case studies discussed in Chapters 4 and 5, having regard to argumentative strategies and their influence on the output of each of the regulatory processes and the outcome in terms of formal acceptance of the output. The chapter observes that the significance of communicating in the system-specific logic of the audience does not mean that all must work according to the logic of the market. Rather, deploying the economic system is the key to making companies internalise the needs and expectations of society, and therefore stimulate their consideration of societal needs. The chapter identifies three trends in argumentative strategies and considers the use, impact and complementarity of these: system specific interest-based arguments; stabilising and de-stabilising arguments, and specificity of proposals for change. It ends by considering the role of the case studies for the discursive construction of business responsibilities for human rights and the emergence of the BHR regime.

You do not have access to this content

Argumentative strategies, discourse and system-specific rationality

The Emergence of the Business and Human Rights Regime as Transnational Law

Karin Buhmann

Chapter 3 explains the communicative aspects of the theoretical framework of reflexive law and discourse theory and the significance for the evolution of normativity in multi-stakeholder processes. The chapter elaborates on communication related to the core rationality of a recipient and its functions. It explains how organisational self-regulation or acceptance of normative change may be prompted by stakeholders communicatively activating the core interest of the organisation with which change is desired. It elaborates on the connection between discourse theory and communication in multi-stakeholder regulation, with an emphasis on how struggles for power unfold around defining concepts such as CSR or business responsibilities for human rights. Finally, the chapter explains how stabilising and de-stabilising arguments may complement or reinforce the effects of arguments made in system-specific logics.

You do not have access to this content

Changing Sustainability Norms through Communication Processes

The Emergence of the Business and Human Rights Regime as Transnational Law

Karin Buhmann

This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.
You do not have access to this content

Conclusion

The Emergence of the Business and Human Rights Regime as Transnational Law

Karin Buhmann

Chapter 7 concludes the analysis by drawing up the main findings, explaining their significance and future use, and developing implications for theory and practice that emerge from the evolution of the BHR regime. It describes how the argumentative strategy applied in the SRSG process led to an internationally agreed normative framework that was adopted by the UN, recognising business enterprises as having responsibilities for human rights. It elaborates on the implications for future multi-stakeholder development of norms of conduct to address sustainability-related concerns and for their implementation. Finally, the chapter draws up theoretical implications for socio-legal and organisational scholarship concerned with promoting sustainability through communication, focusing on system-specific interest-based communication, stabilising and de-stabilising arguments, and specificity. It discusses the implications for social autopoiesis and reflexive law in theory and practice; and sets forth guidance for practitioners, such as civil society, governments, intergovernmental organisations and companies with a sustainability commitment.

You do not have access to this content

The context: the CSR discourse and its relation to law, human rights and social sustainability

The Emergence of the Business and Human Rights Regime as Transnational Law

Karin Buhmann

Chapter 2 provides the contextual background for understanding Corporate Social Responsibility (CSR), the normative role of human right in CSR, and the emergence of Business and Human Rights (BHR) as an autonomous discourse and emergent regime. It sets out concerns for public regulators and businesses that inform and feed into debates and power struggles in the construction of normativity on these. It presents the state of the art in regard to CSR understandings and the role of law; describes the relationship between CSR and human rights in regard to public policy perspective and the advantages that business involvement in the provision, implementation and respect of human rights offers to governments and intergovernmental organisations; describes the relevance of international soft law as normative guidance for businesses with regard to their social impacts; and considers non-state actor participation and activism in international law-making with particular regard to business and civil society participation.

You do not have access to this content

From incremental steps to emerging regime

The Emergence of the Business and Human Rights Regime as Transnational Law

Karin Buhmann

Chapter 5 is the analysis of the process that led to the construction of business responsibilities for human rights that is found in the UN Framework and UN Guiding Principles on Business and Human Rights. It analyses the discursive process during the two mandate terms (2005–08 and 2008–11) of the UN’s Secretary-General’s Special Representative on Business and Human Rights, ‘SRSG’ John Ruggie. The chapter analyses the arguments from stakeholders within business and civil society that were presented to the Special Representative, as well as responses and explanations by the Special Representative in speeches and reports. The statements are analysed by considering the use of arguments that referred to the logics of the recipients, looking at how the capacity of statements to invoke the rationality of the recipients can be observed through changes in stances in later statements, reports etc. The chapter also discusses how this contrasts with statements that referred to the logic of the transmitter. Finally, the Special Representative’s argumentative construction of the concept human right due diligence is considered.

You do not have access to this content

Karin Buhmann

Chapter 4 considers the background to the process that led to the BHR regime. It opens by introducing nineteenth and twentieth century initiatives towards business responsibility for their social impact, with a particular emphasis on how human rights or human rights related concerns formed part of this, for example in regard to provision of housing and exploitation of human labour. Next it describes initiatives by intergovernmental organisations in the second half of the twentieth century to develop norms for transnational corporation (TNC) conduct. Finally, it proceeds to the four case studies that offer the immediate backdrop to the main case leading the BHR regime and demonstrate the prevailing antagonism: The UN’s Draft Norms on Business and Human Rights, the UN Global Compact, the EU’s Multi-Stakeholder Forum on CSR and CSR Alliance.