Author
Anita Ramasastry
Bio: Anita Ramasastry is an academic researcher. The author has contributed to research in topics: Multinational corporation & Liability. The author has an hindex of 1, co-authored 1 publications receiving 86 citations.
Topics: Multinational corporation, Liability, Complicity
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TL;DR: In this paper, a closer integration of the two debates, as it argues, would allow for the formulation of an expansive and demanding conception of corporate human rights obligations, which does not stop with corporate obligations "merely" to respect human rights, but includes an extended focus on proactive company involvement in the protection and realization of human rights.
Abstract: Human rights have not played an overwhelmingly prominent role in CSR in the past. Similarly, CSR has had relatively little influence on what is now called the "business and human rights debate." This contribution uncovers some of the reasons for the rather peculiar disconnect between these two debates and, based on it, presents some apparent synergies and complementarities between the two. A closer integration of the two debates, as it argues, would allow for the formulation of an expansive and demanding conception of corporate human rights obligations. Such a conception does not stop with corporate obligations "merely" to respect human rights, but includes an extended focus on proactive company involvement in the protection and realization of human rights. In other words, the integration of the two debates provides the space within which to formulate positive human rights obligations for corporations.
201 citations
TL;DR: The authors explores the evolution of business and human rights from a lawyer's perspective and examines how it is contextually and conceptually different from corporate social responsibility (CSR) in its aims and ambitions while CSR emphasizes responsible behavior, BHR focuses on a more delineated commitment in the area of human rights.
Abstract: This article explores the evolution of business and human rights (BHR) from a lawyer's perspective and examines how it is contextually and conceptually different from corporate social responsibility (CSR) in its aims and ambitions While CSR emphasizes responsible behavior, BHR focuses on a more delineated commitment in the area of human rights BHR is, in part, a response to CSR and its perceived failure This has led to a gap with two disciplines or strands of discourse that are diverging rather than converging This article explores how the quest for accountability shapes a very different narrative for BHR, which takes it more into the realm of binding law, State sponsored oversight, and the importance of access to remedy as a measure of corporate accountability As a result, at the current juncture, the BHR movement is drifting further away from CSR and the role of companies as voluntary and affirmative contributors to human rights realization The author argues that BHR can draw from CSR to allow sta
114 citations
Book•
01 Jan 2005
TL;DR: In this article, the authors proposed a new international legal regime for private economic activity in armed conflict, which is based on the OECD Guidelines and the U.S. Alien Tort Claims Act.
Abstract: Toward Profiting from Peace: Issues and Options, M. Humphreys. Curtailing The Conflict Trade. Targeted Sanctions Against Nonstate Actors, S. Heine-Ellison. UN Expert Panels and "Naming and Shaming", K. Ballentine and M. Taylor. Applying Certification Regimes to Conflict Commodities, I. Smillie. Peace Conditionality in War Economies, J.K. Boyce. Lessons from the UN Counterterrorism Committee, S.E. Eckert. Halting the Illicit Drug Trade, M. Serrano. Combating Organized Criminal Enterprises, P. Williams. Managing Natural Resources For Conflict Prevention. Private-Sector Initiatives, L. Zandvliet. Case Study: The Chad-Cameroon Pipeline Project, L. Lampriere and P. Rosenblum. Financial Incentives for Responsible Corporate Behavior, M. Mansley. Promoting Corporate Engagement: The OECD Guidelines, P. Feeney and T. Kenny. Revenue Transparency as Conflict Prevention, G. Hayman and C. Crossin. Applying Anti-Money-Laundering Standards, J. Winer. Export-Credit Agencies and Development Banks, N. Hildyard. Ending Dependency on War Economies, S. Jackson. The Role of Nepad in the African Union, D. Bekoe. Ending Impunity, Establishing Accountability. Options for Regulating Private Economic Activity in Armed Conflict, M. Taylor. National Approaches to Prosecuting Sanctions-Busters, P. Kopp. Defining Economic "Complicity" in Armed Conflict, A. Ramasastry. Prosecuting Corporate Misconduct: The U.S. Alien Tort Claims Act, P. Hoffman. Toward a New International Legal Regime, W. Schabas. Strengthening UN Security Council Action, C. Keating. Conclusion, the Editors.
107 citations
TL;DR: In this paper, the authors systematically analyzed and integrated existing micro-level empirical evidence on the economic and human rights impacts of MNCs on developing countries, and provided a critical analysis of what is known and highlighted what we do not know about the factors that mediate the positive and/or negative impacts of multinational operations on host developing countries.
Abstract: Developing countries are attracting a significant portion of global foreign direct investments. Governments of such countries often compete fiercely for attracting multinational corporations (MNCs) in the expectation of the advantages they will bring to their economies, often prioritising economic goals over fundamental human rights. For a long time, economists have analysed the economic impacts of MNCs, while a parallel strand of work in political science, business ethics and international law investigates the repercussions of MNC operations on human rights. Despite the significant relatedness and complementarities, these two bodies of literature have so far poorly interacted. This paper addresses this limitation and systematically analyses and integrates existing micro-level empirical evidence on the economic and human rights impacts of MNCs on developing countries. It provides a critical analysis of what is known and highlights what we do not know about the factors that mediate the positive and/or negative impacts of MNC operations on host developing countries. Based on a critical analysis of the literature, it discusses avenues for future research in this field and sets the grounds for a new interdisciplinary research agenda on this subject.
105 citations
TL;DR: In this article, the authors argue that the current preoccupation with win-win situations in CSR may not serve societal interests and develop a global governance framework for CSR that provides more democratic forms of decision making in the political economy that will enable corporate social responsibility to overcome the constraints imposed by corporate rationality.
Abstract: Purpose – The purpose of this paper is to argue that there are structural and functional limits to corporate social responsibility (CSR) that determine the boundary conditions of corporate social initiatives. The current preoccupation with win-win situations in CSR may not serve societal interests. For CSR to produce social outcomes that are not necessarily constrained by corporate rationality there needs to be a change in the normative framework of public decision making at the institutional level. The author develops a global governance framework for CSR that provides more democratic forms of decision making in the political economy that will enable corporate social responsibility to overcome the constraints imposed by corporate rationality. Design/methodology/approach – This is a conceptual paper and critique. Findings – The author develops a global governance framework for CSR that provides more democratic forms of decision making in the political economy that will enable corporate social responsibili...
105 citations