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1 – 10 of 423Miguel Angel Martínez Martínez
The purpose of the article is to show the regime of truth in the institutional commissions that have the objective of restoring history by establishing a democratic, equitable…
Abstract
Purpose
The purpose of the article is to show the regime of truth in the institutional commissions that have the objective of restoring history by establishing a democratic, equitable, comprehensive, inclusive and fair criterion against the attempts of re-victimization and suppression of memory that Western political and cultural traditions have installed through their mechanisms of power.
Design/methodology/approach
Based on the analysis of the cases of Inés Fernández Ortega and Valentina Rosendo Cantú, they establish the material conditions from which prejudices and hegemonic stereotypes are intertwined to reproduce serious violations of human rights in democratic political and epistemic frameworks. The colonial function of the truth commissions in Mexico is analyzed, which are presented as mechanisms for social development, political and colonial reproduction of liberal democracy.
Findings
The qualitative results allow considering the way in which the different truth commissions in Mexico have been strongly linked to epistemic mechanisms in which truth and justice favor the reproduction of established relationships based on race, social class and gender. Especially in the so-called democratic transition, violence, truth and justice come together to highlight power relations in situations that have been disavowed by the intelligentsia.
Research limitations/implications
The limitations of the research are found in the historical configuration of the truth commissions in Mexico. The data, references and assessments are crossed by the initial function of the truth commissions and the establishment of apparatuses and mechanisms based on transitional justice. Based on this, it can be considered a methodological oversight to shift the analysis of truth commissions toward a critical assessment of the truth as a regime of government and hegemonic and colonization criteria from two very specific cases.
Originality/value
The originality of the work is found in the critical discernment of truth as a political category and the coloniality of power.
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Samiksha Mathur and Sonu Agarwal
This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal…
Abstract
Purpose
This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.
Design/methodology/approach
The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.
Findings
The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.
Research limitations/implications
The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.
Originality/value
The paper fulfils an identified gap in the positioning of IOs under the international law.
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Harry J. Van Buren and Judith Schrempf-Stirling
Stakeholder capitalism has been proposed as an alternative way of thinking about business purpose and value creation. However, stakeholder capitalism can only work as an…
Abstract
Purpose
Stakeholder capitalism has been proposed as an alternative way of thinking about business purpose and value creation. However, stakeholder capitalism can only work as an alternative model of business if all stakeholders and their interests are visible to and taken seriously by managers. The purpose of this paper is to untangle the challenges that invisible, marginalized and powerless stakeholders pose for theorizing about stakeholder capitalism.
Design/methodology/approach
This paper is conceptual. The authors first briefly outline the promise of stakeholder capitalism for addressing pressing questions about value creation and stakeholder welfare. The authors then conceptualize stakeholder invisibility as the outcome of a particular stakeholder being both powerless and marginal through the prism of moral intensity theory and one of its elements: proximity. This study discusses the ways in which managers can make invisible stakeholders more visible in their decision-making.
Findings
For managers truly to manage for stakeholders, as anticipated by stakeholder capitalism, all stakeholders and stakeholder interests must be visible to them. This study analyzes why sometimes they are not, how they can be made more visible and why stakeholder visibility matters for stakeholder capitalism. This study proffers three principles for business practice: ethical commitments to reduce stakeholder invisibility, analyses of business strategies to surface the contributions of marginalized and invisible stakeholders and taking rights seriously.
Originality/value
This study provides a new perspective on stakeholder capitalism by linking the challenge in operationalizing it to the problems of stakeholder invisibility and marginality.
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This practitioner article uses human rights education (HRE) to frame issues of social justice, particularly anti-Black racism, depicted in the film Till. Teachers cognizant of the…
Abstract
Purpose
This practitioner article uses human rights education (HRE) to frame issues of social justice, particularly anti-Black racism, depicted in the film Till. Teachers cognizant of the need to address racism in American history often struggle to find resources that are accessible and meaningful for their students (Howard and Navarro, 2017; Vickery and Rodriguez, 2022). Furthermore, the use of film in social studies instruction can be an engaging way for students to develop conceptual knowledge and grapple with sensitive issues in history education (Stoddard, 2012).
Design/methodology/approach
Till (2022) is a powerful film that teachers can use to pursue anti-racist goals in their classrooms, and HRE provides an approach to analyze a horrible manifestation of racism in American history as well as frame larger systems of injustice. By using widely accepted standards of human dignity, such as the Universal Declaration of Human Rights, teachers can address dimensions of oppression and inequality with a more “neutral” or objective approach.
Findings
Given the current political climate that instills fear in educators who teach about racism, HRE can empower social studies teachers to engage students in analysis of a dominant force in American life.
Originality/value
The lesson plan offered in this article includes a film viewing guide, enrichment opportunities and an activity that connects themes in Till and the Civil Rights Movement to human rights concepts.
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Shamim Mohammad, Shivaraj Huchhanavar, Hifzur Rahman and Tariq Sultan Pasha
The extant literature underlines the inadequacies of legal and policy frameworks addressing the safety and health concerns of sandstone mineworkers in India. Notably, Rajasthan, a…
Abstract
Purpose
The extant literature underlines the inadequacies of legal and policy frameworks addressing the safety and health concerns of sandstone mineworkers in India. Notably, Rajasthan, a state renowned for its extractive industries, mirrors these concerns. Against this backdrop, this paper aims to critically evaluate the relevant legal and policy landscape, with an emphasis on the recent central statute: the Occupational Safety, Health and Working Conditions Code of 2020 (OSHWCC). Given that the Code subsumes the key legislation pertaining to the safety and health of mineworkers, an in-depth critical analysis is essential to forge suitable policy interventions to address continued gross violations of human rights.
Design/methodology/approach
The critical analysis of legal and policy frameworks on silicosis in sandstone mineworkers is based on a comprehensive reading of existing literature. The literature includes relevant laws, case law, reports of the Rajasthan State Human Rights Commission and National Human Rights Commission, publicly available data and key scholarly contributions in the field.
Findings
Although the OSHWCC has made some changes to the existing regulatory architecture of mines in India, it has failed to safeguard the safety and health of mineworkers. Notably, the vast majority of mines in India – constituting approximately 90%, which are informal, seasonal and small-scale – remain beyond the jurisdiction of this Code. In Rajasthan, there are specific policies on silicosis, but these policies are poorly implemented. There is a serious shortage of doctors to diagnose silicosis cases, leading to under-diagnosis. The compensation for silicosis victims is insufficient; the distribution mechanism is complex and often delayed.
Research limitations/implications
The central and many state governments have not established the regulatory institutions envisaged under the OSHWCC 2020; therefore, the working of the regulatory institutions could not be critically examined.
Originality/value
The paper critically evaluates laws and policies pertaining to silicosis in sandstone mineworkers, with a special emphasis on the state of Rajasthan. It offers a comprehensive critique of the OSHWCC of 2020, which has not received much attention from previous studies.
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Rogers Rugeiyamu and Ajali Mustafa Nguyahambi
The world is experiencing democratic backsliding such that the situation is down back to 1986. This has resulted in the global shrinking of civic space for civil society…
Abstract
Purpose
The world is experiencing democratic backsliding such that the situation is down back to 1986. This has resulted in the global shrinking of civic space for civil society organizations (CSOs). NGOs engaging in advocacy activities are seen to be among the CSOs affected. Using four NGOs cases from Tanzania, the study contributes to the civic space debate by uncovering how advocacy NGOs become resilient.
Design/methodology/approach
The study is anchored in interpretivism and a cross-sectional case study design, following a qualitative approach path. Data were collected through interviews and a documentary review.
Findings
Results show that several strategies such as complying, building community back-up, collaboration, strategic litigation, using digital media and changing the scope are applied. However, strategies face obstacles including scope limitations, expected democratic roles, high cost, changes in the scope and being outsmarted by the government, and hence their effectiveness is questionable.
Research limitations/implications
This study focused on advocacy NGOs. More studies can be conducted for other advocacy-related CSOs on how they become resilient.
Practical implications
While NGOs are allowed to exist in the country, their freedom continue to be curtailed. Even the effectiveness of resiliency becomes temporary and depends on the political will of the existing regime.
Originality/value
Tanzania NGOs have to build strong bonds with citizens, expand the scope of strategies and use deliberative democratic principles to educate the government to change laws and tolerate plural political culture. Also, NGOs in other countries with confined civic space can apply the same.
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This is a response to “Taming wicked problems”, a paper recently published in CPOIB in which modern slavery is framed as a wicked problem. The purpose of this study is to convey…
Abstract
Purpose
This is a response to “Taming wicked problems”, a paper recently published in CPOIB in which modern slavery is framed as a wicked problem. The purpose of this study is to convey the author’s appraisal of its contribution to policymaking regarding modern slavery in global supply chains.
Design/methodology/approach
The author engages in a discursive review of “Taming wicked problems”, taking inspiration from its perceived strengths and weaknesses to expand on the problem of modern slavery as a challenge to international business (IB) researchers.
Findings
“Taming wicked problems” is welcomed as a provocative contribution to modern slavery research in IB, although it is perceived to give too little critical attention to the problem of modern slavery itself.
Research limitations/implications
This is, by design, a subjective assessment of the treatment of modern slavery and policy from the perspective of an IB researcher who has previously studied the phenomenon without a wicked problem framing.
Practical implications
Modern slavery is a serious problem for IB scholars, as they have failed to extrapolate it from their analysis of international business strategy. This paper is intended to advance the disciplinary defence of vulnerable workers exploited to the ultimate benefit of MNEs.
Social implications
IB must engage critically with international business strategies that heighten the risk of human rights violations. The persistence of modern slavery disadvantages all persons in employment.
Originality/value
This paper seeks to better define the offense implicit in modern slavery so to inform critical IB research into its causes and deterrence.
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Vishnu Nambiar, Gayatri Kunte and Varadurga Bhat
Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to…
Abstract
Purpose
Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to inoculate the global population as they scramble to recover from the COVID-19 pandemic. Their proposal at the World Trade Organization (WTO) to waive these pharmaceutical patents has been met with resistance from a few developed countries, who believe that the abrogation of IPRs is unnecessary, even during a pandemic. The purpose of this paper is to discuss the impact of a potential waiver of medical patents at the WTO versus the status quo of IPR laws in the global economy.
Design/methodology/approach
This study examines key arguments from economic and moral standpoints regarding the provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and other related international agreements and their validity based on the premise of the internalisation of positive externalities posed by vaccines.
Findings
The effectiveness of the TRIPS agreement in securing medical access is weak on account of the ability of profit-making multinationals to secure IP rights and on account of the Trans-Pacific Partnership, a multilateral agreement that supports patent evergreening and a period of protection on test data which challenges the access to medicines and the fundamental human right to health.
Originality/value
This study examines international IPRs through the lens of human rights and proposes a new system that balances the two.
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The use of economic sanctions has grown dramatically in recent decades. Nevertheless, many arguments are presented in the public policy space regarding their effects on target…
Abstract
Purpose
The use of economic sanctions has grown dramatically in recent decades. Nevertheless, many arguments are presented in the public policy space regarding their effects on target populations. The author presents the first systematic analysis of the effects of sanctions on living conditions in target countries.
Design/methodology/approach
This paper provides a comprehensive survey and assessment of the literature on the effects of economic sanctions on living standards in target countries. The author identifies 31 studies that apply quantitative econometric or calibration methods to cross-country and national data to assess the impact of economic sanctions on indicators of human and economic development. The author provides in-depth discussions of three sanctions episodes—Iran, Afghanistan and Venezuela—that illustrate the channels through which sanctions affect living conditions in target countries.
Findings
Of the 31 studies, 30 find that sanctions have negative effects on outcomes ranging from per capita income to poverty, inequality, mortality and human rights. The author provides new results showing that 54 countries—27% of all countries and 29% of the world economy— are sanctioned today, up from only 4% of countries in the 1960s. In the three cases discussed, sanctions that restricted the access of governments to foreign exchange limited the ability of states to provide essential public goods and services and generated substantial negative spillovers on private sector and nongovernmental actors.
Originality/value
This is the first literature survey that systematically assesses the quantitative evidence on the effect of sanctions on living conditions in target countries.
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Evelyne Vanpoucke and Robert D. Klassen
Forced labour is one of the most exploitative practices in supply chains, generating serious human right abuses. The authors seek to understand how relationships for reducing…
Abstract
Purpose
Forced labour is one of the most exploitative practices in supply chains, generating serious human right abuses. The authors seek to understand how relationships for reducing forced labour are influenced by institutional logics. The emerging supply chain efforts of social enterprises offer particularly intriguing approaches, as their social mission can spur creative new approaches and reshape widely adopted management practices.
Design/methodology/approach
The authors study supplier relationships in the smartphone industry and compare the evolving practices of two cases: the first, a growing novel social enterprise; and the second, a high-profile commercial firm that has adopted a progressive role in combating forced labour.
Findings
The underlying institutional logic influenced each firm's willingness to act beyond its direct suppliers and to collaborate in flexible ways that create systematic change. Moreover, while both focal firms had clear, well-documented procedures related to forced labour, the integration, rather than decoupling, of forced labour and general supply chain policies provided a more effective way to reduce the risks of forced labour in social enterprises.
Research limitations/implications
As authors’ comparative case study approach may lack generalizability, future research is needed to broadly test their propositions.
Practical implications
The paper identifies preconditions in terms of institutional logics to successfully reduce the risk of forced labour in supply chains.
Originality/value
This paper discusses how social enterprises can provide a learning laboratory that enables commercial firms to identify options for supplier relationship improvement.
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