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To one aware of the persistence and severity of ancient and modern attacks on private property, the allegiance to private property characteristic of contemporary proponents of human rights may appear remarkable, indeed, mind‐boggling. However, I believe that philosophers committed to human rights identify private property with the human right to property because of their unwarranted confidence in the moral justifiability, and hence the moral acceptability, of private property. In company with John Locke, today's supporters of the view that persons have the human right to property believe that moral reasoning based upon the foundational beliefs of a doctrine of human rights ultimately establishes property to be a human right. Subsequently, they diligently seek morality's sanction for the appropriation, accumulation, and the use and disposal of things in the manner associated with private property. Private property is, therefore, virtually unopposed in its bid for the property chair in the exclusive human rights club. Though decried by opponents as robbery and massively unjust, in theory this form of ownership is remarkably unscathed behind a fortress of arguments. In practice, many societies currently purporting to have instantiated private property in their institutional arrangements have so mitigated property rights that the concept of private property is inapplicable. However, in combination with widespread and strong commitment to private property, the fortress of moral justification for a human right to private property is a serious obstacle to changing a society's property arrangements.

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.

This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.

The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.

This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.

To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.

This chapter focuses on the development of corporate human rights standards since the United Nations Conference on Environment and Development, better known as the Earth Summit was held in Rio de Janeiro in 1992. One of the important agendas for this Summit was human rights (apart from the climate change issue). This chapter provides a critical evaluation of institutional change in human rights guidelines and associated corporate (non) accountability in relation to human rights in line with the RIO summit. Based on a review of the media reports, archival documents and a case study, we argue that while there are a number of international organisations working towards the creation of corporate accountability in relation to human rights, there is limited real change in corporate action when faced with no government regulation. A radical (reform-based) approach, such as mandatory monitoring (compliance audit) and disclosure requirements is necessary to ensure corporate accountability in relation to human rights.

This paper aims to explore the role played by the National Archives of South Africa in human rights promotion and protection. The study examined the challenges that archivists encounter when undertaking archival functions, such as acquisition, appraisal and access provision, that contribute to forming documentary archives crucial for human rights promotion and protection.

A review of literature dealing with acquisition, appraisal and access was used in this research. It was supplemented with interviews.

This paper provides recommendations of benefits in the field of archives management with a focus on the areas of acquisition, appraisal and access. The transformational discourse in the jurisdiction of archives management challenges archival institutions to be active players in selecting historical and cultural archives’ significance that is significant in human rights protections. However, despite judicial requirements that recommend the importance of archives, there is evidence that archival functions such as appraisal, acquisition and access are not being fully used, resulting in national archives institutions that are subject to irregularities that contribute to an unbalanced archives collection.

The paper was limited only to the National Archives of South Africa.

The paper makes practical implications concerning the acquisition, appraisal and providing access to human rights records.

Sufficient funding resource allocation ought to be provided to advance human rights promotion.

This paper offers informed recommendations to address the challenges of acquisition, appraisal and access provision of archive materials. The availability of archives materials reinforces the community by aiding to protect legal rights and prevent human rights violations. It was, thus, necessary to establish whether the National Archives of South Africa is actively building the archives collections that are important for human rights promotion and protection.

What is the relationship between human rights and corruption? This question can take different forms, including moral, legal, socio-political and economic variants. This paper focuses on two key moral questions, asking whether corruption can violate or impact on people’s natural rights (on the one hand) or human rights (on the other). In answer, I aim to establish a strong conceptual link between (a) corruption’s ‘abuse of entrusted power’; (b) the ‘arbitrary power’ targeted by natural rights theorists like John Locke and the broader republican tradition and (c) the ‘arbitrary interference’ with protected freedoms prohibited by the Universal Declaration of Human Rights. I argue that the deep thematic links between systemic corruption and violations of human rights are stronger than have hitherto been recognized. In the twenty-first century, corruption should be recognized as a ‘standard threat’ (in Shue’s sense) to human flourishing and protected freedoms, vindicating the human right to freedom from systemic corruption.

A sociology of human rights is a modern challenge, and this study draws on the universalizing codification in the history of human rights documents from ancient societies to the present challenges of modern society. Power contradictions and conflicts are analyzed in the case study of historic inequalities and the modern deprivation of human rights of the People of Indian Origin in their diaspora in the modern world. Insider perspectives are posed to increase awareness and knowledge to the forming of community identity and to challenge others to study these complex social conditions. A public sociology is assumed in this chapter, derived from the author's public speech to further the development of a sociology of human rights, one that will reflect the complexity, universality, and inclusiveness protected by the Universal Declaration of Human Rights. Established methods and theories may be augmented by challenging their bases and working collaboratively to research contemporary human rights.

This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.

The global Clinical Legal Education (CLE) movement transcends borders as law teachers worldwide try to inculcate law students and future legal practitioners with social justice values. One method of achieving this is through developing reflective practitioners. Kolb, finding common ground in the work of Lewin, Dewey, and Piaget, formulated the four stages in the experiential development of concrete experience, reflective observation, abstract conceptualization, and active experiment. Although Kolb’s model is used in legal education literature, students may not be provided with the relevant conceptual tools required to engage in reflective practice. This often results in students providing subjective analysis of their work, which fails to fully contribute to their educational experience. One of the reasons for omitting analytical tools is that reflective practice suffers from a lack of conceptual clarity. According to Kinsella, the “concept remains elusive, is open to multiple interpretations, and is applied in a myriad of ways in educational and practice environments”. A further issue hindering reflective practice relates to Donald Schön’s critique of the positivist approach adopted by law schools.

This chapter will apply a human rights framework to CLE to develop reflective practitioners. The two main reasons for this are, first, human rights as formulated by the Universal Declaration on Human Rights are universal, interrelated, and indivisible and, second, reflection based on these universal human rights values will benefit cross-jurisdictional societies in assisting vulnerable clients affected by emerging implied and direct human rights challenges.

Using a critical perspective, this study reviews human rights and media in the context of capitalist empire, using Habermas' notion that capitalism offers formal but not substantive democracy. The author draws the reader into an impassioned discussion of the failure of government and media to address the significant inequalities in the world and the resulting human rights violations to demonstrate that human rights encompass concerns about economic and social inequalities as well as political and civil rights. Criticism of how capitalism treats rights has been part of the international human rights conversation since World War II.

Increasing human rights violations in the world today and the mass media's evidentiary lack of interest in the sources of these social problems underlie the author's earnest search for a better way. The study draws from the social science literature, while observing and gathering data on media coverage. Data limitations on media human rights indicate further research by the author that would explain the ideology and rhetoric as well as historic shifting patterns.