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Shankar Gopalakrishnan

The India Forest Rights Act, 2006 (FRA) was hailed as a landmark measure aimed at overturning the ‘historical injustice’ done to forest dwellers by a century and a half of colonial forest law. But the FRA was not just a ‘forest policy’ measure. It was required to confront the entire ‘regime’ of land and resource control operational in India today, of which forest law is only a particularly extreme example. This resource regime has become the undiscussed foundation of a range of phenomena that characterise India’s political economy today: from its specific growth pattern to the manner in which the concept of ‘development’ itself is understood in Indian public discourse. This chapter discusses how the struggle to have the FRA passed, and the subsequent struggle over how and in what manner it is ‘implemented’, reflects this larger political economy and ongoing attempts by various political actors to change it.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 17 of the CRC on access to appropriate information through media. Issues of access, diversity of sources, dissemination, the beneficial nature of information, children’s books, materials specifically relevant for children belonging to a minority or indigenous group and protection against harmful content are explored. The chapter closes with new obligations in relation to children’s rights in the digital age.

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Pantelitsa Eteokleous

Even though the international business (IB) literature has, for years now, exhibited interest in corporate social responsibility (CSR), scant research has investigated the role of CSR strategy adaptation on the performance outcomes of multinational corporations (MNCs). Building on stakeholder theory, the dynamic capabilities view and the strategic fit paradigm, this study develops an integrative model of the drivers and performance outcomes of the MNC CSR strategy adaptation. The degree of adaptation is the result of variations in stakeholder dynamics between home and foreign market environments. Performance improvement is proposed to be determined by the extent of co-alignment between external forces and the choice of SR strategy. The relationship between external forces and CSR strategy adaptation is proposed to be moderated by the level of MNCs' sensing and learning capabilities. This chapter offers a set of propositions to be validated in future empirical research, holding implications for the IB literature and managerial practice.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 27 of the CRC on the right to an adequate standard of living. The chapter hoovers in on key components of the right: housing, food and water. It explains how child poverty is the antithesis of the right to an adequate standard of living.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 21 of the CRC on adoption. It explains the conditions that adoptions must meet under the Convention and engages, in particular, with the debate on inter-country adoptions. Art. 21 of the CRC considers inter-country adoption a measure of last resort, which may lead to subsidiarity conflicts with art. 20 of the CRC.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 29 of the CRC on the aims of education. This chapter examines the five aims of education listed in art. 29 of the CRC. It also looks into the second dimension of this provision, that is, the freedom to establish and direct educational institutions.

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Daniel Korschun and Hoori Rafieian

The way that CSR is practiced by companies worldwide is evolving. A surprising change has been an increase in CSR programs that hit a political nerve among stakeholders. Current theory is limited in its ability to inform theorists on when a company might engage in such political CSR, and also how downstream consequences might develop. In this chapter, we identify three key dimensions of political CSR (i.e., investment, assertiveness, and international scope of engagement). We also provide a framework which identifies the values alignment of a political issue and the materiality of the political issue as antecedents, and explains political CSR’s consequences in terms of company performance and public policy. Finally, the framework notes situational contingencies at the macro-, meso-, and micro-levels.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 5 of the CRC on the responsibility of parents to provide appropriate direction and guidance to their child, in a manner consistent with the evolving capacities of the child. The chapter analyses the nature of the obligations state have in this regard, and explains the role that is attributed to parents under the CRC. It also tackles the questions of capacity and competency of children.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 22 of the CRC on asylum-seeking and refugee children. The chapter addresses key issues such as the definition of a refugee, non-refoulement obligations and the content of protection and assistance, incorporating insights from the case law of regional courts. The chapter brings in insights from migration law and engages with new developments in the field of migration such as the Global Compact for Migration.

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Wouter Vandenhole, Gamze Erdem Türkelli and Sara Lembrechts

This chapter provides commentary on art. 3 of the CRC on the best interests of the child. The chapter explores the legal implications of the best interests notion in terms of defining, assessing and determining best interests as well as of balancing diverging interests on different levels (art. 3.1 CRC). States’ obligations to provide children with such protection and care as is necessary for their well-being (art. 3.2 CRC) and the corresponding obligation to ensure appropriate standards for institutions, services and responsibilities responsible for such care and protection (art. 3.3 CRC) are also addressed. In conclusion, the chapter relates art. 3 to other human rights of children, in particular as guaranteed under art. 12 CRC.