Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions

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Release : 2022-05-15
Genre : Law
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Book Rating : 211/5 ( reviews)

Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions write by Oyeniyi Abe. This book was released on 2022-05-15. Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions available in PDF, EPUB and Kindle. This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.

Business and Human Rights Law and Practice in Africa

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Release : 2022-09-06
Genre : Law
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Book Rating : 465/5 ( reviews)

Business and Human Rights Law and Practice in Africa - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Business and Human Rights Law and Practice in Africa write by Olawuyi, Damilola S.. This book was released on 2022-09-06. Business and Human Rights Law and Practice in Africa available in PDF, EPUB and Kindle. This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.

BUSINESS, LAW AND HUMAN RIGHTS IN AFRICA.

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Release : 2022
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BUSINESS, LAW AND HUMAN RIGHTS IN AFRICA. - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook BUSINESS, LAW AND HUMAN RIGHTS IN AFRICA. write by OYENIYI. ABE. This book was released on 2022. BUSINESS, LAW AND HUMAN RIGHTS IN AFRICA. available in PDF, EPUB and Kindle.

Business and Human Rights in Africa

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Release : 2018-06-22
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Book Rating : 931/5 ( reviews)

Business and Human Rights in Africa - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Business and Human Rights in Africa write by Uch©♭ Ewelukwa Ofodile. This book was released on 2018-06-22. Business and Human Rights in Africa available in PDF, EPUB and Kindle. One of the most significant debates in international human rights law and in international law generally in the 21st century is about the responsibility of businesses for human rights in their areas of influence. The last decade witnessed significant, arguably monumental, development in global norms pertaining to the human rights obligation of businesses. Of particular significance is the emergence of a distinct business and human rights agenda driven by two normative instruments: the 2008 Protect, Respect and Remedy: a Framework for Business and Human Rights and the 2011 UN Guiding Principles on Business and Human Rights. Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries. Focusing in part on the extractive industry it consider the industry standards and best practices as well as the challenges the industry still faces in order to avoid human rights abuses. The book examines and evaluates emerging practices designed to minimize, manage, or mitigate corporate impact on human rights in Africa. It looks at the role of national and regional courts in Africa in ensuring accountability of businesses in Africa as well as considering the possible role for alternative dispute resolution mechanisms in realizing accountability.

Forceful Intervention for Human Rights Protection in Africa

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Release : 2017-01-26
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Book Rating : 850/5 ( reviews)

Forceful Intervention for Human Rights Protection in Africa - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Forceful Intervention for Human Rights Protection in Africa write by Tom Maina Kabau. This book was released on 2017-01-26. Forceful Intervention for Human Rights Protection in Africa available in PDF, EPUB and Kindle. This dissertation, "Forceful Intervention for Human Rights Protection in Africa: Resolving Systemic Dilemmas in the Implementation of the African Union''s Right of Intervention" by Tom Maina, Kabau, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This thesis examines the legal and political dilemmas in the implementation of the African Union''s (AU) ''right'' of forceful intervention through a systemic method of analysis. It first addresses the question of whether the AU''s intervention system represents a paradigm shift in international law on intervention and the authorization role of the United Nations. It examines whether there is a justifiable basis for the implementation of the AU''s intervention mandate outside the UN system, while taking into account the necessity of the international rule of law. It then analyzes the manner in which the failure to institutionalize the concept of sovereignty as responsibility within the AU system has contributed to the Union''s failure to implement its intervention mandate even within the UN system. The AU''s legal framework expressly grants the Union the mandate to forcefully intervene in a member state in situations of genocide, crimes against humanity and war crimes. However, the failure of the AU''s legal framework to explicitly require authorization by the Security Council for intervention (as required by the UN Charter) has led to uncertainty on the envisaged implementation mechanism, including allegations of its inconsistency with the UN Charter and international law. The Security Council may, however, be ineffective in granting authorization due to the use of the veto. There is, therefore, the question of whether the AU''s legal framework exemplifies the crystallization of a customary law permitting humanitarian intervention, or is consensual (since African states have agreed by treaty to such intervention) and consequently, Security Council authorization is not mandatory. The core argument of this thesis is that although the necessity for the international rule of law restricts African Union''s forceful interventions to United Nations authorized enforcement action, robust intervention by the Union within that framework is compromised by a systemic failure of institutionalization of the concept of sovereignty as responsibility. This thesis recommends that for robust implementation of the African Union''s intervention mandate within the UN system, alternative authorization from the General Assembly be sought where the Security Council is ineffective. However, implementation of the AU''s intervention mandate within the UN framework is compromised by continued concerns of protecting traditional concepts of unfettered sovereignty. This is evident in non-intervention oriented clauses within the AU''s legal framework (which negate the intervention mandate) and the Union''s practice of opposing forceful interventions like in the case of Libya. Possible solutions to that predicament are examined. A systemic method of analysis is utilized in this thesis since there is an interaction of various legal norms within the AU system, in addition to the system''s interaction with environmental factors such as politics and increasing global interdependence, while it is also subject to the UN and international law systems. The significance of the research is in identifying legal, policy and contextual factors that can transform the AU into an effective regional mechanism for institutionalization of the rule of law within the African region (by deterring gross human rights violations) while safeguarding the values of the