Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s 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 and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets.
The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.
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
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.