Browsing by Subject "accountability"
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    Acts of accountability : the individuals moral responsability to protect refugees rights when the rule of law in modern States fails to do so
    ( 2013) Arvidsson, Amélie ; Yahyaoui Krivenko, Ekaterina
    When human rights violations occur within the rule of law of modern states as a result of the instrumentalisation of human rights, it is inevitable to ask what role and moral responsibility the individual has to protect them. Not least if the rights are referred to as fundamental. This thesis addresses the individual’s role and moral responsibility to protect refugees’ rights when the rule of law in modern societies fails to do so. Furthermore, the thesis aims to look at the interaction between the morally responsible individual and the rule of law in those situations. Different theories of moral philosophy will be presented. The moral theories of Immanuel Kant will be presented and analysed as he has had strong influence on the emergence of modern thinking. From his theories will follow critique deriving from philosophers in the area of contemporary moral philosophy; among which the foremost will be Hannah Arendt and Zygmunt Bauman. A specific case-study will then be provided in order to implement the theories of the different philosophers into practice. The case concerns the Swedish authority’s deportation practices of Christian Iraqis. From without the moral negotiations possible consequences will be discussed. These possible consequences culminate from negative resistance, based on what ought not to be done, and positive action, based on what ought to be done.
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    Book Review: Takeh B.K Sendze, Adesola Adeboyejo, Howard Morrison and Sophia Ugwu (eds), Contemporary International Criminal Law Issues: Contributions in Pursuit of Accountability for Africa and the World (T.M.C Asser Press 2023) pp. 452
    (Global Campus Human Rights, 2023) Oyewole, Oriola O.
    This edited book provides a comprehensive analysis of various aspects of the international criminal justice system, focusing on the significance of international criminal law in achieving accountability for Atrocity Crimes in Africa and globally. The contributors examine the complexities and challenges involved in holding individuals accountable for these crimes, addressing concerns about legitimacy, the regionalisation of justice, the application of universal jurisdiction, and the importance of international cooperation. While acknowledging the marginalisation of female experiences in conflict, and the investigation and prosecution of conflict-related sexual and gender-based violence, it underscores the need for a thorough understanding of gender dynamics in conflict-related crimes and advocates for urgent action to address accountability gaps. Interestingly the themes of the book accentuate the sustainability of international criminal law. There is a demand for justice and accountability in Africa, highlighting the importance of engaging in productive conversations to develop and implement successful approaches to achieve these objectives.
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    Child sexual exploitation and mega sport events on the soccer nation. The 2014 World Cup in Brazil and FIFA’s accountability: lessons for the future
    ( 2024) Arnoldi, Marina : Giovedi ; Machado, Jónatas ; Gomes, Carla de Marcelino
    The FIFA World Cup is seen as a global celebration of soccer, but its impact on host nations can be far more complex and troubling. In 2014, Brazil hosted the World Cup, and with it came widespread human rights violations, especially against vulnerable children. In this research, our focus is Child Sexual Exploitation in Brazil during the World Cup. First, we will delimit the legal framework around child protection. Following, we will contemplate the Brazilian social context, the specialty of children’s reality and the facts we have on the World Cup. Working with the concept of mega sport events, we delve into the intricate relationship between FIFA, the governing body of soccer, and Brazil, the host nation. Using the UN Guiding Principles on Business and Human Rights as a framework, together with all the relevant international instruments, this study explores FIFA's responsibility for the human rights violations that occurred in Brazil, what it did wrong, what it should have done, the steps it now must take, and the possibility of holding the body accountable. We finalise briefly observing the current international scenario, what we have accomplished and the much we still need to develop. This research brings a question: are we going to accomplish the prevention of human rights violations in the 2026 World Cup?
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    Children’s rights budgeting and social accountability: Children’s views on its purposes, processes and their participation
    (Global Campus of Human Rights, 2020) Lundy, Laura ; Orr, Karen ; Marshall, Chelsea
    Children’s rights budgeting is an international human rights priority and the focus of the UN Committee on the Rights of the Child’s 2016 General Comment on Public Budgeting for the Realisation of Children’s Rights. General Comment 19 was informed by a consultation that gathered the views of 2 693 children in 71 varied national contexts across all five UN regions. The article describes the process and findings of this consultation, setting out the views of children across the world as to how their governments should make spending decisions that are sufficient, equitable, efficient, transparent and participatory. The consultation provides unique insights into how children in very different contexts think about the ways in which their governments can and do allocate public funds for children and their families in ways that support or undermine the realisation of their rights. The article identifies some of the barriers to including children in decision making on public spending, but challenges assumptions that they are not able to be or interested in being involved. It suggests that if participatory budgeting is to be effective for children, it will require bespoke forms of social accountability. Key words: children’s rights; participation; budgeting; social accountability
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    Chronic hunger and accountability: a study on the right to adequate food and levels of impunity
    ( 2011) Bournonville, Alexandra : de ; Bne Saad, Majda
    Chronic hunger is the result of man-made action or inaction and unequal power relations from local to international scales, restricting the access to food to the powerless who go hungry. This reality has been exacerbated through globalisation process which has undermines States sovereignty and threatened the realization of the right to food. Because it is not visible and affects the most vulnerable groups, chronic hunger does not represent political and economic issue for policymakers, the public and the international community. The purpose of this study is to examine the relationship between chronic hunger and impunity, to discuss the implications of the liability of national and international actors in the occurrence of hunger and to determine the factors contributing to the occurrence of chronic hunger. Taking the starting point of famine paradigm shift, this study argues that chronic hunger persists because the political will to eliminate it is lacking and that its occurrence is a consequence of impunity. The lack of political will is determined by the loophole of State extraterritorial obligations and the lack of responsibility of global actors, which bring about a lack of accountability for violations of the right to food.
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    Climate justice litigation against transnational corporations: the interconnections between the web of life and the web of accountability
    ( 2024) Martins, Amanda : Rossini ; Maubernard, Christophe
    The worldwide impacts of climate change are defined as the worst threat humanity has ever faced. Through a decolonial lens, the present research aims to clarify if climate justice litigation provides a sufficient answer to the current lack of recognition of the interconnections between the web of life and the web of accountability, in which transnational corporations play a central role. To this end, the first chapter places the web of life in the dynamics of the current dominant socio-economic system, denouncing the destructive legacy of colonialism and capitalism. The second chapter introduces the climate governance scenario shaped by climate corporate (in)action, placing climate due diligence at the core of accountability for the private sector. The last chapter addresses the role of climate justice, particularly through litigation against transnational corporations. Lastly, it focuses on the promotion of an (un)just transition, grounded in decolonial epistemology. It concludes that climate change is a human-made product of a world shaped by the legacy of imperialism, colonialism and capitalism, which, in turn, are grounded in exploitation, extraction, misery, inequality and death. Legal frameworks and strategic litigation are not capable alone to bridge the gap between the web of life and the web of accountability. Societal change is crucial: the recognition of a common ground of responsibility of all humankind, differentiated by the roles played in the system, to promote a regenerative climate justice. Just transition means providing and adapting reconciliation to each singular context, as an inclusive approach grounded in environmental democracy. Key words: climate change; climate justice; business and human rights; transnational corporations; climate due diligence; climate litigation; just transition.
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    Coherence and efficiency of the EU external policy related to conflict and crisis
    (FRAME, 2016-09) Márquez Carrasco, Carmen ; Alamillos Sánchez, Rocío ; Íñigo Álvarez, Laura
    The present Report is part of Work Package 10 (WP 10) ‘Human Rights Violations in Conflicts’ of the FP7 research project ‘Fostering Human Rights Among European (External and Internal) Policies’ (FRAME). On the basis of the previous research developed in WP 10, this report is aimed at providing policy recommendations on how to foster the coherence and efficiency of the EU external policy related to all phases of crisis and conflicts to prevent and overcome violence through the critical assessment of the instruments available to the EU to integrate human rights, international humanitarian law and democracy/rule of law principles. Information was gathered and analysed in previous reports of WP 10. First, FRAME Report D. 10.1 entitled ‘Survey study on human rights violations in conflict-settings’ explores the various patterns of human rights violations related to conflict and violent crisis situations, with a specific focus on the rights of vulnerable groups, as well as on the role of non-state actors as key players in the context of new forms of violence and war. Second, FRAME Report 10.2 entitled ‘Applicable regulatory frameworks regarding human rights violations in conflicts’ analyses and clarifies the relationship between the regulatory frameworks applicable in conflict situations: international human rights law (IHRL), international humanitarian law (IHL) and the legal regime for humanitarian assistance, as well as international refugee law (IRL) and international criminal law (ICL) with particular attention given to vulnerable groups in conflict situations. Third, FRAME Report 10.3 ‘Case study: CSDP’ provides a critical assessment of the integration of human rights, humanitarian law and democracy/rule of law principles and tools into EU CSDP policy and missions. The report looks into the framework and implementation of the EU policy on human rights and gender mainstreaming in CSDP and in relation to the promotion and protection of human rights of vulnerable groups. The report examines the applicability of human rights and IHL to CSDP and the existing safeguards that seek to prevent violations of human rights and IHL in the course of the mandate. The recommendations provided in the present report also take due account of existing lessons learned and best practices, not only at the EU level but at the level of other crisis management actors, in particular the United Nations (UN). In addition, there are references to other studies in the area of CSDP containing recommendations in relation to more concrete issues that fall outside the scope of the present Deliverable 10.4. The study is structured in five chapters, including the introduction. The second chapter contains general recommendations to the EU on external action, which also concern Member States’ relations with third countries and organisations. The third chapter provides recommendations on the EU’s comprehensive approach to conflict and crises and how it can be improved with regards to crisis management policies to strengthen support to human rights policies. The fourth chapter addresses several aspects related to the EU intervention in conflict and crisis situations: applicable law, responsibility and accountability. As analysed in previous reports, the inter-operatibility between IHL and IHRL has also implications for EU crisis management interventions, in terms of the applicable legal framework and responsibility in the for violations of the applicable norms. The last chapter focuses on the protection of vulnerable groups in EU crisis management interventions, providing recommendations for the improvement of the implementation of current policies and for the adoption of new frameworks for other groups. In this regard, gender mainstreaming, the protection of children in armed conflict and the protection of civilians have been subject to more extensive policies and protection in the conduct of operations. However, other groups such as refugees, internally displaced persons (IDPs) and minorities whose rights are directly affected by EU security policies have not received attention to the same extend.
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    Corporate directors’ duties. The path to preventing human rights violations and enhancing accountability
    ( 2024) D’Alessandro, Alessandra ; Márquez Carrasco, Carmen
    This thesis examines the role of corporate directors in preventing human rights violations and enhancing accountability through a stakeholder-oriented approach. The research addresses two main questions: the efficacy of stakeholder orientation for human rights protection and the optimal framing of directors' duties to enhance this protection. It explores key debates in corporate governance, contrasting shareholder-centric and stakeholder-oriented models, and their impact on corporate decision-making regarding human rights. The study evaluates current legal frameworks governing directors' duties, with a focus on European legislation, to determine if they support stakeholder approaches or remain entrenched in shareholder primacy. It investigates the integration of mandatory human rights due diligence into directors' responsibilities, analyzing legislative initiatives like the European Union Corporate Sustainability Due Diligence Directive (CSDDD). Practical recommendations are provided for incorporating due diligence into corporate governance to prevent human rights violations. Additionally, enforcement mechanisms and relevant case law are reviewed to assess the effectiveness of holding directors accountable for corporate misconduct. The thesis concludes that while stakeholder orientation shows promise, it is insufficient alone. Legislative reforms mandating explicit human rights duties for directors and establishing direct liability to affected groups are recommended to ensure robust corporate accountability and human rights protection.
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    Deconstructing the language of the EUCSDDD. Through a TWAIL lens and a human rights perspective
    ( 2024) Charalambous, Georgia ; García Martín, Laura
    The EU Corporate Sustainability Due Diligence Directive (EUCSDDD) is an ambitious instrument designed to advance corporate accountability for human rights and the environment on a global scale. However, it is a contested project which has attracted criticism due to the risk of entrenching Global North and Global South inequalities. One of the major allegations brought against it is that while it is primarily designed for the Global South it does not include Global South actors including rightsholders in its making. This thesis primarily investigated whether the ‘West’ and ‘Rest’ discourse was evident in the making of the Directive and its subsequent implications by employing a discourse analysis from a TWAIL and a human rights perspective. Part of the analysis examined the underlying unconscious biases by delving deeper into the linguistic processes using the Conceptual Metaphor Theory as a tool. The findings indeed illustrate a strong ‘West’ and ‘Rest’ ideology which as suggested guides the rationale behind the actions taken by the EU. Subsequently, this study compared its findings with the Final Compromised Text and established a correspondence between the input process and the output result of the Directive. It is concluded that the ‘West’ and ‘Rest’ ideology as well as its effects may be mitigated by including the one that has been ‘othered’ i.e. the Global South.
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    Democratizing global governance through the use of a joint legal/market accountability system: the bet of the World Bank and corporate social responsibility
    ( 2009) Gellert, Raphael ; Klabbers, Jan
    The idea of this Master's thesis was born from the observation that what is referred to as globalisation is deeply affecting the world we live in. Indeed, more and more transnational institutions are entrusted with (regulatory) powers that had always been thought of as solely belonging to States. However, they are far from being democratic. This thesis will focus on one of those institutions: the World Bank; with the aim of making it more accountable. Indeed, in accordance with the Global Administrative Law project, I argue that, as far as today, accountability is the form of democratic responsibility which is best adapted to the global paradigm. After having described how the World Bank interprets its mission of poverty alleviation, I shall proceed to an in-depth analysis of the concept of accountability. On that basis I will analyse the accountability mechanisms existing at the Bank, and conclude that they do not conform to the concept. Therefore, I will argue for a new accountability mechanism: a joint legal/market accountability system, through the use of Corporate Social Responsibility instruments, which will build upon the World Bank's mission. To that end, I will demonstrate that the field of development can be framed as a market, and that the World Bank has a dual nature (Corporation and Public Institution). Finally, I will outline in what ways the proposed solution can work.
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    European institutions and war crimes: the (un)accountable ones. European discipline, comprehensive investigation of the Russo Ukrainian conflict, and future scenarios of European warfare
    ( 2024) Augliese, Ilaria ; Heintze, Hans-Joachim
    This research aims to find other – and innovative – solutions to improve the responsibility and the controlling mechanisms of European Institutions dealing with war crimes. Particularly, we present a new scenario in which they will have more power in order to create a deterrent for wars to begin. We will deal with the problem of war crimes while explaining the fundamental role, for the international community, of International Humanitarian Law and Human Rights Law. Also, we analyse the war crimes that were committed nowadays in the European arena, and we examine the role of the European Institutions and the means and methods at their disposal to prosecute those who have committed international violations. Therefore, we investigate the Russia-Ukraine conflict as the case study of this dissertation, showing the involvement of the European Community and the bilateral relations that occur between the most powerful states in Europe and the countries involved in the conflict. The purpose of this master’s thesis is to stimulate a critical approach in the readers and let them question if creating a stronger, independent ‘European block’ could represent a new strategy for preventing war crimes in an international system where wars are different from the past. Finally, we will consider how much the Rule of Law and the Democracies are threatened by these new frontiers of warfare in the European scenario.
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    Extraterritorial jurisdiction — the magic wand in enforcing corporate accountability in Uganda’s oil sector?
    ( 2024) Okiring, Ronald ; Sevrin, Eva ; Lemmens, Koen
    For decades, Global North multinational corporations have perpetrated human rights violations and escaped liability through complex corporate structures. The use of extraterritorial jurisdiction has been presented as a solution to close the accountability gap. This thesis examines how the principle has been applied in the enforcement of corporate accountability to hold Europe-based multinational corporations accountable for human rights violations in the Global South. The thesis looks at international and African regional perspectives on the subject and eventually takes for its province Uganda's oil sector as a domestic case study. Doctrinal research was undertaken, complemented by semi-structured interviews of professionals and civil society organizations in the field of corporate accountability. The research revealed that there is inadequate academic literature on extraterritorial jurisdiction in the enforcement of corporate accountability from an African perspective. It is hoped that this thesis will contribute to efforts to close this gap and guide policymakers at the African level and in Uganda in formulating and implementing policies to hold multinational corporations accountable. The study's findings demonstrate that extraterritorial jurisdiction is not a flawless solution and, therefore, must be implemented together with other strategies, such as mediation and arbitration.