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Business and Human Rights in Southeast Asia: Risk and the Regulatory Turn

Business and Human Rights in Southeast Asia: Risk and the Regulatory Turn

Author: Mahdev Mohan; Cynthia Morel
Publisher: Routledge
ISBN: 9781138215252

Previous Edition ISBN: 9780415707459
Published In: August 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Today, business and human rights has emerged as a distinct field within the broader corporate responsibility movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 has been welcomed as the leading global standard for corporations to respect human rights. The Guiding Principles are the culmination of a six year UN commissioned study by Harvard University's Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate and account for how they address their adverse human rights impacts. The Guiding Principles reinforce the state duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial.

This book draws on the UN Guiding Principles to provide an overview of developments within the ASEAN region in relation to business and human rights. Bridging theory and practice, chapter authors will discuss the implications of key case-studies undertaken across the region, with a particular focus on extractive industries, migration and infrastructure projects. Topics covered include: due diligence and the role of audits; the role CSR can play in achieving sustainable socio economic development; businesses' responsibilities to migrant workers; and the prevention of human rights abuses in states with weak levels of governance. The book aims to shed light on how ASEAN States currently understand and approach business and human rights challenges, and how the role played by ASEAN States may be strengthened and expanded. In doing so it clearly identifies the key themes, opportunities and challenges that lie ahead for the region in relation to business and human rights.

Introduction, Mahdev Mohan and Cynthia Morel

Part 1

1. Whither Corporate Social Responsibility and the UN Framework and Guiding Principles on Business and Human Rights?, Thomas Thomas

2. Business and Human Rights Challenges in ASEAN: The Role and Modalities of the State, Delphia Lim and Geetanjali Mukherjee

3. Why Gender Matters for the Business & Human Rights Agenda in Southeast Asia, Kathryn Dovey

4. Children’s Rights and Business: A Framework to Combat ICT-enabled Child Abuse in Southeast Asia, Philip Cook, Bindu Sharma and Chris Yeomans

Part 2

5. Regulating Social and Environmental Risk in ASEAN Financial Integration: The Xayaburi Dam Project in Lao PDR & Thai Banks, Daniel King

6. Corporate Sustainability & Palm Oil Industries in Southeast Asia: A Principled Pragmatism, Puvan Selvanathan & Vani Sathisan

7. Human Rights Risks Amidst the ‘Gold-rush’: Cambodia, Laos, Myanmar & Vietnam, Mahdev Mohan

Part 3

8. Tigers, Dragons, and Elephants on the move in Myanmar: The case for responsible investment and three recommendations for Asian leaders, Mark Hodge & Salil Tripathi

9. The New Frontier: Due Diligence & Developing and Implementing Human Rights Audits in Southeast Asia, James Kallman

10. Making Human Rights a core business practice: the Finance Sector’s role in the promotion & protection of human rights, Kerri-Ann O’Neil

Part 4

11. Rule-making for rights protection in the Philippines: The Supreme Court’s New Powers for Environmental Regulation & Access to Remedy for Business-related Human Rights Abuse,Bobbie Sta-Maria

12. The Reality of Remedy in Mining and Community Relations: An Anonymous Case-study from Southeast Asia, Deanna Kemp and John R. Owen

13. Right To Development: A Path to Securing More Effective Remedies?, Cynthia Morel