Wednesday, March 21, 2018
La debida diligencia de derechos humanos y las universidades (Human Rights Due Diligence and the University): Presentation at "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum Obstacles and Challenges for Business and Human Rights)
I have written about the excellent event: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum: Obstacles and Challenges for Business and Human Rights) (HERE). In addition to my presentation on human rights multilevel governance and lawyering (here), the conference organizers were kind to have invited me to present an extended discussion of a current research project during the course of a panel organized around the theme, Empresas y derechos humanos; los retos desde la Academia ("Business and Human Rights Challenges for the Academy").
That presentation, entitled La debida diligencia de derechos humanos y las universidades (Human Rights Due Diligence and the University), described a research project in progress which I first presented at the Forum on Business and Human Rights this past November. It considers three broad issues: (1) ought universities to be subject to the requirements of the UN Guiding Principles for Business and Human Rights (and if so as a state instrumentality or as an enterprise); (2) If so, what are the challenges and obstacles to implementing a human rights due diligence program within the modern complex university, and to what extent is further research necessary to provide greater clarity; and (3) Given available research, can one speculate about the key features of a plausible robust approach to building strong human rights due diligence structures within the modern university? While the presentation raised more questions than it answered, it is my hope to provide more answers than questions as this research progresses. Ideas, and suggestions welcome!
The presentation PowerPoints follow (Español and English). They may also be accessed here.
The presentation video recording may be accessed here, with thanks to the student volunteers and staff of the Pontifical University Javeriana who made the recording available so quickly.
Tuesday, March 20, 2018
"La gobernanza multinivel en el ejercicio de la profesión legal en empresas y derechos humanos" ("Multilevel governance in the exercise of the legal profession in business and human rights"): Presentation at "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum Obstacles and Challenges for Business and Human Rights)
I have written about the excellent event: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum: Obstacles and Challenges for Business and Human Rights) (HERE). I was delighted to have participated in one of the panels, El ejercicio de la profesión legal y los derechos humanos (The exercise of the legal profession and human rights) which took place on the first day of the conference.
My presentation was entitled La gobernanza multinivel en el ejercicio de la profesión legal en empresas y derechos humanos ("Multilevel governance in the exercise of the legal profession in business and human rights") I am happy to provide the PowerPoint to that presentation below. The Powerpoints are in English and Spanish. The PowerPoints may also be downloaded HERE.
The object of the presentation was a simple one, yet one that revealed the complexities of the project of embedding human rights sensibilities in the work of lawyers. It took every word of the title of the presentation not as the construction of a single phrase, but rather centered the analysis on the premise that each word of the phrase that made up the title of the presentation in itself serves as a gateway to the complexity inherent in the phrase to which each contributes meaning ( Cada palabra en sí misma sirve como una puerta de entrada a la complejidad inherente a la frase a la que cada uno aporta un significado). The opening and closing image provided the metaphor for the conclusion--that the legal profession is ill equipped in its culture, training and outlook to effectively provide service to clients in a regulatory environment characterized by polycentric multi sourced legal and regulatory regimes around which human rights related risks and obligations arise.
The video of the Panel presentations including mine (which starts around minute 43) presentation (in Spanish) may be accessed HERE.
The video of the Panel presentations including mine (which starts around minute 43) presentation (in Spanish) may be accessed HERE.
Monday, March 19, 2018
Just Published: 测度、评估和奖励：中国和西方建立社会信用体系的挑战？(Cutting-edge measures, assessments, and rewards: The challenge of establishing a social credit system in China and the West?)
I am delighted to announce the publication of my article: 测度、评估和奖励：中国和西方建立社会信用体系的挑战？(Cutting-edge measures, assessments, and rewards: The challenge of establishing a social credit system in China and the West?). It has been published (只有中国语文) by the Shanghai Jiaotong University “Internet Financial Law Review (jiflsjtu)” through its WeChat public platform.
The article elaborates the ideas I presented at the Conference, Global Perspectives on Law and Social Credit, which took place at Shanghai Jiaotong University (上海交通大学)) 23 Sept. 2017. These touch on the foundational challenges toward the construction of social credit systems in China and in the West. It focuses specifically on the difficulties around the issues of data and algorithms in the making and use of big data based and social credit systems to advance public and private policies. The English language preliminary version appears in draft form as "Measurement, Assessment and Reward: The Challenges of Building Institutionalized Social Credit and Rating Systems in China and in the West" (September 21, 2017).
My thanks to Great thanks as well to Duoqi Xu, Professor, Shanghai Jiao Tong University KoGuan School of Law; Director, Shanghai Jiao Tong University Research Center for Internet Law Innovation for making this possible. The Chinese language version follows (只有中国语文) :
Saturday, March 17, 2018
Conference Announcement: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum Obstacles and Challenges for Business and Human Rights)
It gives me great pleasure to announce the upcoming event: "Foro Retos y Desafíos de las Empresas y los Derechos Humanos" (Forum: Obstacles and Challenges for Business and Human Rights). Among its participants will be the Vice President of the Republic, the presidential advisor on Human Rights, a member of the UN Working Group for Business and Human Rights, the Ecuadorian Ambassador to Columbia, and senior university officials.
It is organized by the Pontificia Universidad Javeriana, Facultad de derecho y Consejería Presidencial para los Derechos Humanos and will take place martes (Tuesday) 20 y miércoles (Wednesday) 21 de marzo (March) 2018 at the Pontifical University in Bogotá Columbia (Building Jorge Hoyos Vásquez, SJ AUDITORIUM ALFONSO QUINTANA, SJ Floor 3, Carrera 7 # 40b 36 (Tuesday) and (Building No. 95, Manuel Briceño Jáuregui SJ, SJ AUDITORIUM VASQUEZ JAIME HOYOS(Wednesday). I am thrilled to be a small part of this effort.
I especially appreciate the strong contributions of really strong thinkers and activists from the Spanish speaking world to the enrichment of the discourse and construction of business and human rights frameworks, toolkits, theory and approaches. Their contributions adds a necessary and important thread, which when added to those from North America, Europe and Asia, will help shape emerging international consensus on the "great ideas" and generate important approaches to the implementation of these ideas and principles within the complex contexts of quite distinct localities.
The Conference Program follows.
Friday, March 16, 2018
Congressional-Executive Commission on China (CECC) Focuses Attention on Chinese Lawyers and Beijing Evictions
The Congressional-Executive Commission on China was created by the U.S. Congress in 2000 "with the legislative mandate to monitor human rights and the development of the rule of law in China, and to submit an annual report to the President and the Congress. The Commission consists of nine Senators, nine Members of the House of Representatives, and five senior Administration officials appointed by the President." (CECC About). The CECC FAQs provide useful information about the CECC. See CECC Frequently Asked Questions. They have developed positions on a number of issues (e.g., here).
CECC tends to serve as an excellent barometer of the thinking of political and academic elites in the United States about issues touching on China and the official American line developed in connection with those issues. CECC becomes an even more important barometer of coherence and fracture in policy approaches as the discipline of activities between the political parties and the President and Legislature fractures in new and dynamic ways. As such it is an important source of information about the way official and academic sectors think about China. As one can imagine many of the positions of the CECC are critical of current Chinese policies and institutions (see, e.g., (here, here, here, here, here, here, here, here, here, and here).
CECC has just released new analysis in two areas of activity of the Chinese state that they have been following for some time; (1) Chinese Authorities Continue To Suppress Lawyers After Replacing Minister of Justice (March 15, 2018.); (2) Campaign of Forced Evictions in Beijing Contravenes International Human Rights Standards (March 14, 2018). Both have generated much commentary and substantial controversy within and beyond China. The Reports do not break much new ground, though they reflect current thinking in Washington. The summary of both follows along with the CECC Press Release and some very brief comments.
Worth attending if possible. A less well known but fascinating history, one which touched part of my own family. It was originally scheduled for March 7th but was postponed due to snow.
Using original footage from the early 20th century and interviews with surviving descendants and Catalan immigrants, Los Que Se Quedaron traces Catalan migration to Cuba, a process that began in full force in the 19th century.
“Film Screening: Catalan Migration to Cuba ” Wed, March 27, 6.30 PM
TO REGISTER send e-mail to email@example.com
Wednesday, March 14, 2018
On Thursday 15 March 2018, the Coalition for Peace & Ethics and the Foundation for Law and International Affairs will host the Conference: Rule of Law and Governance in China at Home and Abroad (国内与国外两个视角). We gratefully acknowledge the support of Penn State University (School of International Affairs/Law) which provided in-kind support for these events. The Conference runs from 1.00 - 5.30 P.M. and will be held in the Katz Building of Penn State Law/SIA Room 110.
It is the final part of its series, The Vanguard Acts: Focusing on China at the Dawn of its 'New Era.' The Conference Note may be accessed HERE. The PROGRAM follows.
Tuesday, March 13, 2018
Pennsylvania State University
Katz Building Room 336
14 March 2018 – 2.00 – 4.30 P.M. U.S. East Coast Time
Live Streamed With Participation From Listeners.
DIAL IN INFORMATION FOLLOWS BELOW
The Teach-In will take place 14 March 2018 in Katz Building Room 336, Pennsylvania State University From 2.00 – 4.30 P.M. Its aim is to provide a basic introduction for those who know very little but are interested in knowing more. We hope you find this useful and encourage your participation. It is organized around four broad themes: (1) Chinese political system; (2) Chinese economic organization; (3) One Country two systems; (4) a Primer on the “New Era.”
The event will be LIVE STREAMED and Recorded. Listeners to the live stream event will have the opportunity to send in their questions via MediaSite.
The Program may be accessed HERE.
The Concept Note MAY BE ACCESSED HERE.
Monday, March 12, 2018
Please join us Live: Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件).
Please join us! Live streamed starting at 10 AM US East Coast Time, Tuesday 13 March 2018. Mediasite access here:
The Vanguard Acts: A Focus on China at the Dawn of its “New Era." Round Table: Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress 13 March 2018 (国内外两个视角2018年3月13日圆桌会议概念文件). The Roundtable will take place in Katz Building Room 232 13 March 2018 10 AM – NOON U.S. East Coast Time. This more informal event brings scholars together from around the world to take stock of the tremendous changes that are occurring now and their international and international implications. The focus is on conversation. There will be lots of time for questions.
Just Published-- "Between the Judge and the Law: Judicial Independence and Authority With Chinese Characteristics," Connecticut Journal of International Law 33(1):1-41 (2017)
I am happy to announce the publication of "Between the Judge and the Law: Judicial Independence and Authority With Chinese Characteristics," which appears in the latest issue of the Connecticut Journal of International Law 33(1):1-41 (2017). My thanks to the Journal and its excellent staff and a special shout out to Ryan Hoyler, its Lead Articles Editor. They were all a delight to work with.
The article suggests the value of approaching an analysis of the state of the Chinese judiciary and its reform from within the context of the normative structures of the Chinese political system--including its separation of powers principles. That approach is a necessary predicate to understanding both the trajectory of judicial reform in the "New Era" and the range of plausible approaches it may take move toward universal objectives of "good" or "sound" judicial function.
The Abstract and Introduction follow.