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Critically examine the regulatory and non-regulatory mechanisms that can support “ or be put in place to support “ the operationalization, by the companies, of the United Nations œProtect, Respect and Remedy Framework for Business and Human Rights.

COURSEWORK

SEM I 2014 “ 2015

Instructions

Please submit a 5,000 word essay.

Critically examine the regulatory and non-regulatory mechanisms that can support “ or be put in place to support “ the operationalization, by the companies, of the United Nations œProtect, Respect and Remedy Framework for Business and Human Rights.

Please make use of the seminar materials and discussions, together with any new materials that you find on the UN Forum on Business and Human Rights.

INFORMATION RELATING TO YOUR COURSEWORK

SUBMISSION OF WORK

Please observe the word limit. All coursework should be properly footnoted and referenced, with a Bibliography.

You are required to submit your work electronically via the TurnitIn system on Blackboard (submission path provided under ˜Assessment’).

The University has very strict rules about late submission of work. If you submit your coursework late but within 24 hours or one working day of the deadline without a valid claim of mitigating circumstances, your mark will be reduced 10%, but not below the pass mark (50%). If you submit your coursework more than 24 hours or more than one working day after the deadline without a valid claim of mitigating circumstances you will be given a mark of zero for the work in question. Late work with a claim of mitigating circumstances must be submitted within 10 working days to ensure as far as possible that the work can still be marked. Please note that your Module Leader and Course Leader have no power to extend the submission deadline.

Courseworks should be word-processed. Please make sure that the font size is not too small (if Times New Roman use size 11 or 12) or too large (for Times New Roman size 14 is too large).

ASSESSMENT CRITERIA

When marking your coursework, your examiners will judge the quality of work based on the following:
Extent to which facts have been assimilated;
Breadth of knowledge of the relevant law;
Degree of insight into the issues;
Level of application of the law to the issues;
Depth of analysis, description and discussion in promoting the arguments;
Degree to which planning and coherence is evident in the structure of the response;
Level to which complex solutions are offered and evaluated;
Extent to which command of English is demonstrated in a legal context.

A student would be awarded a Distinction where the work meets all the above criteria and, in particular, demonstrates a high level of critical analysis and application. A Merit would be awarded where the work substantially satisfies the above criteria. A Pass would be awarded where there is fair coverage of the criteria but is generally lacking in critical analysis and application.

Cheating and Plagiarism

Plagiarism
Plagiarism is defined as submission of material (written, visual or oral) originally produced by another person or persons, without acknowledgement, such that the work could be assumed to be the student’s own. If you use text or data or drawings or designs or artefacts without properly acknowledging who produced the material, then you are likely to be accused of plagiarism. This can be avoided by making clear the sources of information used (eg books, articles, interviews, reports, WWW reference, or government publications). All must be properly referenced not only in a bibliography but also by quotation marks in the text or in a footnote.

Plagiarism covers both direct copying and copying or paraphrasing with only minor adjustments. A direct quotation from a text must be indicated by the use of quotation marks and the source of the quote (title, author, page number and date of publication). A paraphrased summary must be indicated by attribution of the author, date and source of the material including page numbers for the section(s) which have been summarised.

These guidelines apply equally to all forms of assessed work, whether in-module coursework or written examination.

Working Together

Discussing ideas is part of academic life at University and you are allowed to
exchange sources and references. However, you must recognise the distinction between sharing ideas, and collusion. This means that you must not work with others to the extent of exchanging written materials you have prepared, such as notes or drafts of assignments. If these types of materials are shared this will be regarded as an assessment offence for the person who lends the material as well as for the person who uses it. Your own work must be regarded as your own property and you should protect it. If you are working in a shared space log off from the PC you are working on whenever you take a break so that others cannot access or copy your work; take care to destroy printed drafts or copies of work, rather than just discarding them; and, don’t give your work to others on disk. If you are working on a group assignment make sure you understand the allocation of responsibilities between yourself and the other members of the group.

Instructions for Module Assignment

You will be required to submit 5,000 word essay with the following:

Title Page with your full name, student identification number, date of submission, your email address, home address, telephone number, and word count.

Executive Summary: explaining your aims and objectives, thesis, broad assumptions, results and conclusion.

Detailed Logical and Coherent Analysis: the body of your work should state your arguments, evidence and authority for your position, counter-arguments and consequences of your position.

Conclusions: brief summary of your major points.

Footnotes: detailing the author or editor, date, title of article or book, place of publication, publisher’s name, and page number or website address.

Bibliography: arranged in alphabetical order.

please use as much references as you can from the following list:
The recommended textbooks for this course are:

McBarnet, D., Voiculescu, A. and Campbell, T. (eds) (2007), The New Corporate Accountability: Corporate Social Responsibility and the Law. Cambridge: Cambridge University Press.

Crane, A., McWilliams, A., Matten D., Moon, J., & Siegel D. (eds) (2008), The Oxford Handbook of Corporate Social Responsibility. Oxford: Oxford University Press.

1.12 Indicative Bibliography

Alston, P. (2005) ˜Labour Rights as Human Rights: The Not So Happy State of the Art’ in P Alston (ed), Labour Rights as Human Rights. Oxford: Oxford University Press, 1-61.

Alston, P. (2005) Non-State Actors and Human Rights. Oxford University Press.

Alston, P., Goodman, R. and Steiner, H.J., (ed), (2007) International Human Rights in Context: Law, Politics, Morals. OUP.

Avery, C.L. (2001) Business and Human Rights in a Time of Change. Amnesty International UK.

Amnesty International, (2000) ˜Amnesty International and the United Nations Global Compact’ (http://web.amnesty.org/pages/ec-globalcompact-eng).

Amnesty International, (2010) ˜Submission to the UN Human Rights Council’, 14th Session, June 2010, Inter-active Dialogue with the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises’.

Amnesty International, (1998) UK Business Group, Human Rights Guidelines for Companies. London: Amnesty International.

Cernic, L. C (2008) ˜Corporate Responsibility for Human Rights’, Libertas Working Paper, No. 1/2008 (June 27, 2008). Available at
De Schutter, O. (2006) ˜The Challenge of Imposing Human Rights Norms on Corporate Actors’, in De Schutter (ed), Transnational Corporations and Human Rights. Oxford: Hart Publishing.

Deva, S. (2004) ˜UN Human Rights Norms for Transnational Corporations and Other Business Enterprises: A Wrong Foot in the Right Direction?’, ILSA Journal of International and Comparative Law, 10(2004), at 493.

Fynam, J.G. and Pegg, S. (eds), Transnational Corporations and Human Rights.

Friend of the Earth, (1998) ˜A History of Attempts to Regulate the Activities of Transnational Corporations: What Lessons Can Be Learned?’ Discussion Paper for Working Group II, Toward a Progressive International Economy: A Working Conference, Washington D.C., November 1998.

Greider, W. (1997) One World, Ready or Not: The Manic Logic of Global Capitalism. New York: Simon and Schuster.

Hillemanns, C. (2003) ˜UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’, 4 German Law Journal 1068.

Human Rights Watch and ESCR-Net, (2010) ˜Joint Statement “ 14th Session of the Human Rights Council’, Geneva, June 4, 2010.

Humphreys, S. (2009) Human Rights and Climate Change. Cambridge University Press.

ILO, (1977) ˜Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy’ (1977), 17 ILM 422.

ILO (1998) ˜Declaration on Fundamental Principles and Rights at Work’, International Labour Organisation, Geneva 1998, at
International Federation for Human Rights and Human Rights in China, (2010) ˜Joint Statement by FIDH and HRIC on the occasion of the Interactive Dialogue with the Special Representative on the issue of business and human rights’, Human Rights Council 14th session, June 2010.

Jerbi, S. (2009) ˜Business and Human Rights at the UN: What might Happen Next?’ Human Rights Quarterly 31 (2009), 299-320.

Joseph, S. (2000) ˜An Overview of the Human Rights Accountability of Multinational Enterprises’ in M Kamminga and S Zia-Zarifi (eds), Liability of Multinational Corporations under International Law. The Hague: Kluwer Law International, 75-98;

Kinley, D. and Chambers, R. (2005) ˜The UN Human Rights Norms for Corporations: The Private Implications of Public International Law’, Human Rights Law Review 6(3), 447-497.

Kinley, D., Nolan, J. and Zerial, N. (2007) ˜The Politics of Corporate Social Responsibility: Reflections on the United Nations Human Rights Norms for Corporations’, 25 Companies and Securities Law Journal 30.

Klein, N. (2000) No Logo. London: Flamingo.

Maupain, F. (2005) ˜Is the ILO Effective in Upholding Labour Rights?: Reflections on the Myanmar Experience’ in P Alston (ed), Labour Rights as Human Rights. Oxford: Oxford University Press, 85-143.

McBeth, A. (2009) International Economic Actors and Human Rights. Routledge.

Muchlinski, P. (2001) ˜Human Rights and Multinationals: Is there a problem?’ 77 International Affairs, 31.

Muchlinski, P. (2007) Multinational Enterprises and the Law. OUP.

Murray, J. (1998) ˜Corporate Codes of Conduct and Labour Standards’ in R Kyloh (ed), Mastering the Challenges of Globalization: Towards a Trade Union Agenda. ILO, 1998).

OECD, (2000) ˜Guidelines for Multinational Enterprises: Decision of the Council’. OECD, June 2000.

Pédamon, C. (2010) ˜Corporate Social Responsibility: A New Approach to Promoting Integrity and Responsibility’, Company Lawyer, 31(6) 172-80.

Robé, J.-Ph. (1996) ˜Multinational Enterprises: The Constitution of a Pluralistic Legal Order’ in G Teubner (ed), Global Law Without a State. Dartmouth Publishing Group, 45“77.

Ruggie, J. (2006) Special Representative of the Secretary-General on Business and Human Rights, Interim Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises. UN Doc E/CN.4/2006/97 (22 February 2006).

Ruggie, J. (2008a), ˜Protect, Respect and Remedy: A Framework for Business and Human Rights’, Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises’, (3rd Report). U.N. Doc A/HRC/8/5 (7 April 2008).

Ruggie, J. (2009) ˜Business and human rights: Towards Operationalising the œProtect, Respect and Remedy Framework’, Report of the Special Representative of the Secretary-General On the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, (4th Report) U.N. Doc A/HRC/11/13 (22 April 2009).

Ruggie, J. (2010) ˜Business and Human Rights: Further Steps toward the Operationalisation of the œProtect, Respect and Remedy Framework’, (5th Report), U.N. Doc A/HRC/14/27 (9 April 2010).

Schachter, O. (1998) ˜The Erosion of State Authority and its Implications for Equitable Development’ in Weiss, F., Denters, E. and De Waart, P. (eds) International Economic Law with a Human Face. The Hague: Kluwer Law International, 31-58.

R. Sullivan (ed.), (2003) Business and Human Rights: Dilemmas and Solutions. Greenleaf Publishing.

UN Commission on Transnational Corporations, Report of the Inter-governmental Working Group on the Code of Conduct (First and Second Sessions), UN Doc. E/C.10/31 (Pt. I, II).

UN, ˜Secretary-General Proposes Global Compact on Human Rights, Labour, Environment, in Address to World Economic Forum in Davos’, (UN Press Release, 1 February 1999 [SG/SM/6881]), at
UNHCHR (2003) Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights (UN Norms), (UN Doc. E/CN.4/Sub.2/2003/12/Rev.2 26 August 2003)

UNHCHR (2006) ˜Workshop on Attributing Corporate Responsibility for Human Rights under International Law Co-convened by New York University Center for Human Rights & Global Justice and Realizing Rights: The Ethical Globalization Initiative’. NYU School of Law, November 17, 2006.

U.N. Commission on Human Rights (2004) ˜Report to the Economic and Social Council on the Sixtieth Session of the Commission’, Resolution UN Doc E/CN.4/2004/L.11/Add.7, available at

Velasquesz, M.G. (2001) Business Ethics: Concepts and Cases (fifth edition). Prentice Hall.

Weissbrodt. D. and Kruger, M. (2003), ˜Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’, 97 American Journal of International Law, 901.

Weissbrodt, D. and Kruger, M. (2005) ˜Human Rights Responsibility of Business as Non-state Actors’ in Alston, P. (ed), Non-State Actors and Human Rights. Oxford: Oxford University Press, 315-334.

Young, I.M. (2004) ˜Responsibility and Global Labor Justice’, Journal of Political Philosophy 12(4), pp 365-388.

Selected Journals

Business Ethics Quarterly
Journal of Business Ethics
Human Rights Law Review
Human Rights Quarterly

Websites:

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