Tuesday, December 11, 2018

10-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 4 Definitions)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 10 focuses on Article 4 of the Zero Draft (Definitions) (with China, India, and Mexico's comments quite interesting). 


Ruminations 82: On the 70th Anniversary of the Universal Declaration of Human Rights



Monday, 10 December, is celebrated as Human Rights Day. This year marks the 70th anniversary of the Universal Declaration of Human Rights.  International Organizations, and those individuals and groups who value that document, has sought to make the most of the event.  

This post celebrates the anniversary in a slightly different way. It uses to occasion of the anniversary to consider very briefly three different aspects of the human rights project that might well be now worth a moment of thought. The first of these is the danger of a relentless focus on the rights aspects of the Universal Declaration.  The second is the mania for victimization. The third is the need to re-focus on the obligations of states, other collective actors, and individuals.

I can think of no better way to celebrate the achievement of survival not by eulogizing its past, nor even by contributing to its (potent) mythology, but by considering the ripples it has produced in the organization of relations between individuals and power holders.

Thursday, December 06, 2018

9-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 3 Scope)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 9 focuses on Article 3 of the Zero Draft (Scope). 



“变化世界中的公司”2018 年国际学术研讨会--2018 International Symposium on The Corporation in a Changing World



It is my great delight to participate, for a second year, in the marvelous conference “变化世界中的公司”2018 年国际学术研讨会--2018 International Symposium on The Corporation in a Changing World. The conference is hosted by the China Commercial Law Society, the Shanghai University of Finance and Economics School of Law, East China University of Political Science and Law School of Economic Law and is organized by and the SUFE Law School Commercial Law Center [主办:中国法学会商法学研究会 上海财经大学法学院 华东政法大学经济法学院 承办:上海财经大学法学院商法研究中心 ]. Special recognition for Ezra Mitchell, Professor, Shanghai University of Finance and Economics School of Law [以斯拉·米切尔 上海财经大学法学院教授] for making all of this possible. 
 
This post includes the program and participant lists in 中国语文 and English.  My own remarks will be posted in a few days. 

Wednesday, December 05, 2018

8-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 12 International Cooperation)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 8 focuses on Article 12 of the Zero Draft (International Cooperation). 



Tuesday, December 04, 2018

““Con el pueblo todo, sin el pueblo nada” [With the people everything, without the people nothing]: The New Mexican President Receives the Bastón de mando [Baton of Authority] from Indigenous Communities and Delivers His 100 Commitments (Spanish With English Translation)




I have been writing about the most interesting speech delivered to the representatives of the Mexican state assembled in Congress at an gathering to which a large number of foreign representatives were also in attendance.  That gathering was both formal and the mandatory performance of the rituals of passages of power within the traditions of the Mexican Republic manifested through its political community as incarnated in its institutions and as recognized by foreign powers.  That last was a mouthful but intentional for all of the caveats and presumptions built into the ceremonies that culminated in President López Obrador's manifesto in the form of an inaugural speech. The text of that speech (in the original Castellano) along with  the briefest of analysis was posted yesterday ("Acabar con la corrupción y con la impunidad"--Text of the Speech delivered by Mexico's New President Andrés Manuel López Obrador en la tribuna del Congreso de la Unión). 

But that event was hardly the most profound or important ceremony parking the passage of power .
Andrés Manuel López Obrador will become the first president to take part in a traditional indigenous cleansing ceremony as part of his inauguration. Representatives of Mexico’s 68 distinct indigenous peoples as well as members of Afro-Mexican groups will hand over a bastón de mando – a staff or baton indicative of authority – to the new president as a show of confidence that he will govern for all citizens and make wise decisions. (Special recognition by indigenous people a sign of confidence in new president).
The ceremony was well documented by local press.  More important, was the speech that was given, the gravamen of which was centered on 100 commitments. These are, even more than the indications of policy and the prisms through which such policies will be analyzed, declared in the formal inaugural address, will point quite specifically to the way that the ideological lens of the new President will shape not just broad policy, but also more precisely, its operationalization.  The speech, Primer Discurso a la Nación del Presidente Constitucional de los Estados Unidos Mexicanos desde el Zócalo de la Ciudad de México (1 Dec. 2018)  and the enfolding ceremony may be viewed and heard here. 

https://www.youtube.com/watch?v=QR-JWPTp-T0&feature=player_embedded
(click HERE)

The text of the speech follows below in the original Castellano. The reporting (in English) of the ceremony and the English translation of the 100 commitments follows with thanks to the Pressenza International News Agency which posted originally.

The most interesting part of the speech--and its most revealing, is the reference to Benito Juarez's dictum:  “con el pueblo todo, sin el pueblo nada” ["with the people everything, without the people nothing"]. The reason this resonates is because it has been a trope appropriated in quite related and distinct ways by 20th century leaders (Fidel Castro Speech to Intellectuals 1961 ("This means that within the Revolution, everything goes; against the Revolution, nothing."); Benito Mussolini The doctrine of Fascism 1932 ("For the Fascist, everything is within the State; and nothing human or spiritual exists, much less has value, outside the state")).

The within and the without remains at the center of the 21st century transformations of society. It injects the discourse of all states, whatever their political orientation. For (or with) Mexico, López Obrador has moved the center of that debate from the state, to the revolution, to the people. And now, of course, in all jurisdictions, the question becomes--to where will it migrate, again, when the people are moved to delegate its responsibilities? Better yet, it will return to the fundamental question--who are the people? For that all societies have provided answers that are both fragile and contextual. We will see where that takes the people, the state, and the revolution. There is much to think about here both for the overtones and its trajectories.


7-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 11 Mutual Legal Assistance)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 7 focuses on Article 11 of the Zero Draft (Mutual Legal Assistance). 


Sunday, December 02, 2018

"Acabar con la corrupción y con la impunidad"--Text of the Speech delivered by Mexico's New President Andrés Manuel López Obrador en la tribuna del Congreso de la Unión



Andrés Manuel López Obrador, the new President of Mexico, today delivered a speech in the Mexican Congress as he was sworn in to office. It received the usual sort of coverage in the mainstream media, notable for the adoption of the prism through which all of his actions will be seen in the coming years: Reuters (Mexico new president vows to end 'rapacious' elite); CNN (Mexico swears in new leftist president); Washington Post (The Latest: Mexico's president joins in indigenous ceremony). 

The emphasis of the Western Press, of course, was on those issues that either confirmed pre-judgment, or that might produce the sort of scare mongering that increases "clicks" and related revenues.  For all that the speech was quite important and  worth careful consideration. Yes, of course, he severely criticized prior administrations in language that U.S. voters have become more accustomed to since 2016.  And yes, he blamed what he calls "neoliberalism" for the ills that now beset Mexico, rereading Mexican history in ways that may require greater consideration. His prediction that Mexico can spend within its means without the need for austerity programs, which he correctly viewed as unhelpful, and that the fruits of anti-corruption efforts would significantly increase revenue might reflect more hope than realism. Much of the speech will require careful unpacking and likely some revision in practice--though it made for the sort of "moment" that the Western press would lap up, but in a way that distorted the President's central message rather than in ways that more modestly even sought merely to report it in its entirety accurately.

More important, however, was the quite explicit olive branch he extended to the U.S. administration, the promise of respecting Mexico's national and international obligations, and the commitment to develop Mexico precisely to transform migration from a necessity to a choice. Equally important was the commitment to shift development efforts to the south of the country. He made accusations against the cronyism of prior regimes, but promised to look forward and not to embroil his office in an orgy of investigations (that themselves would replicate the very forms of corruption against which he campaigned). That, by no means suggested anything like an amnesty program, the reverse appears to be true, but his office will at least officially remain unconnected with the investigations of past corruption.

Lastly, and quite heartening, it followed that corruption policy will play a central role in his administration.  Though what that means precisely remains unclear, one was given a taste of what is to come, especially in the objectives of strong anti-corruption efforts.  
Por eso estoy optimista, creo que ya estamos logrando, se está iniciando y ya vamos en el camino de lograr el renacimiento de México, que nos vamos a convertir en una potencia económica y, sobre todo, en un país modelo que habrá de demostrar al mundo que acabar con la corrupción es posible, y así lo haremos, porque de esa manera construiremos una sociedad más justa, democrática, fraterna y siempre alegre. [That is why I am optimistic, I believe that we are already achieving, it is starting and we are already on the road to achieving the rebirth of Mexico, that we are going to become an economic power and, above all, a model country that will have to demonstrate to the world that ending corruption is possible, and we will do it, because in that way we will build a more just, democratic, fraternal and always happy society.]
That focus against corruption ought to be taken seriously, and such efforts ought to be aided by those who have Mexico's best interest at heart. That focus explicitly tied anti-corruption efforts to a commitment to deepen rule of law structures in Mexico, not just for those who could afford it, but to all Mexicans. 

The future will test the new President's view of "neoliberalism" and the path toward reform.  There is much in there that echoes the views of regional neighbors, especially Cuba, with respect to the nature and character of regional integration and national aspirations. But this may not point to a socialist trajectory as much as a nationalist one. That said, careful attention will have to be paid to the consequences, in law and policy,  derived from a quite clear and direct connection that the President made between corruption and privatization, and the indictment of "neoliberalism" in that unhappy union ("El distintivo del neoliberalismo es la corrupción"). Yet his indictment of what he calls "neoliberalism" did not amount to an attack on markets, or on the private sector as such. 

The speech was published in the original Castellano in Processo and follows below. It may be accessed HERE.

Saturday, December 01, 2018

6-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 8 Rights of Victims)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 6 focuses on Article 8 of the Zero Draft (Rights of Victims). 


Friday, November 30, 2018

Perros desamparados en Cuba [Homeless Dogs in Cuba] (Rene Gómez Manzano)--Fighting Against Animal Abuse in the Caribbean



Animal rights is not a conceit of developed states. There are those in the Caribbean who have also become much more active in the development of social knowledge of human dignity as expressed in human treatment of animals, and in the defense of animals against cruel and abusive treatment.  Among these is the  Cubanos en Defensa de los Animales (CEDA) [Cubans in Defense of Animals], a civil society which characterizes itself as a sociocultural and humanitarian project [un proyecto sociocultural y humanitario] centered in the Havana region. Its principal objective is to reduce the populaitons of street dogs and cats and to educate the public, especially children and youth , against animal violence ["El objetivo central de CeDA es disminuir las poblaciones callejeras de perros y gatos y educar a la población, especialmente niños y jóvenes, en la no violencia contra los mismos."].


CEDA's work has come to the attention of social media recently.  Rene Gómez Manzano writes about the efforts of CEDA which resulted in the punishment of an individual associated with a government research center who engaged not only in acts of cruelty to animals, but posted his activities on line. But Gómez Manzano also notes the dearth of public sanction against some of the conduct alleged to have been committed by this person and opens the issue of the need for legislation or other avenues of conduct management, to reduce the incidence of such acts. The article,  Perros desamparados en Cuba, follows below (Castellano only) and may be accessed where originally posted to CubaNet. While Gómez Manzano focuses on the sexual abuse involved in that case (see, e.g., here, and here for story from Indonesia), the more general issue of the human rights implications of animal abuse is worth much more intense consideration both in Cuba and among CARICOM states--to start. 

Important, as well, is the relationship between abuse and social media that is coming to occupy a more important role in these activities.  Social media appears to provide a larger space in both the performance of acts of cruelty (some abusers appear to crave an audience to enhance the value to them of their own debasement through acts of cruelty to animals), and in the possibility of the secondary effects that seem to satisfy an element of the population that appears to derive some vicarious pleasure from watching. Suppression may be impossible, but management may be more effective.  It is in this respect, in any case, that a "social credit" or data driven governance approach to managing human behavior might gain traction (e.g., here).


5-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 9 Prevention)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 5 focuses on Article 9 of the Zero Draft (Prevention). 

Thursday, November 29, 2018

1-Reflections on the 2018 U.N. Business and Human Rights Forum



(Pix © Larry Catá Backer 2018)


The United Nations Working Group is to be commended for putting together yet another highly interesting, relevant and successful set of programs for its 2018 Forum on Business and Human Rights (and here). As the Forum has increased in visibility and popularity, the task of producing relevant and up to date programs that engage key stakeholders in a rapidly changing environment becomes ever more difficult. 



This post includes reflections on the 2018 and some suggestions for future consideration as the Working Group continue to strive for perfection in the organization of this important event. 

4-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 13 Consistency with International Law)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 4 focuses on Article 13 of the Zero Draft (Consistency with International Law)


Tuesday, November 27, 2018

2018 UN Forum for Business and Human Rights--Speaking to Coherence, Convergence, and Alignment in Open Markets for Human Rights Due Diligence





The 2018 U.N. Forum for Business and Human Rights has as its central theme: "Business respect for human rights – building on what works." That theme is realized through a focus on the central element of the UN Working Group's 2018 General Assembly Report on the role of the United Nation's Guiding Principles for Business and Human Rights (2011) Second Pillar (corporate responsibility to respect human rights) "human rights due diligence" mechanism (UNGP ¶¶ 17-22).  Many of the sessions at its program have been built around this theme.

This brief post considers the issues raised around a consequential issue of human rights due diligence underlined in the Forum through the opening statement of the High Commissioner for Human Rights ("The movement to ensure businesses uphold human rights is gaining momentum"), and highlighted panels on the 2nd day of the Forum")--the issue of coherence and alignment in business of standards for human rights due diligence.


3-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 7 Applicable Law)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 3 focuses on Article 7 of the Zero Draft (Applicable Law). 


Monday, November 26, 2018

Live Stream United Nations Forum on Business and Human Rights With Links to Events and Documents


Information about the 2018 United Nations Forum on Business and Human Rights thatis taking place 26-29 November 2018 in Geneva. Information and links on live streaming, documents and social media. Well worth exploring. 
 
Social media: Hashtag: #UNForumBHR / #bizhumanrights. Twitter follow: @WGBizHRs

2-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 6 Statutes of Limitations))


(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.

This Part 2 focuses on Article 6 of the Zero Draft (Statutes of Limitation). 

Sunday, November 25, 2018

14-Introducing "Cuba's Caribbean Marxism: Essays on Ideology, Government, Society, and Economy in the Post Fidel Castro Era" ("From Ideology to Cuban Constitutional Reform")


 

I reported the publication of Cuba’s Caribbean Marxism: Essays on Ideology, Government, Society, and Economy in the Post Fidel Castro Era (Little Sir Press 2018; ISBN: 978-1-949943-00-9 (pbk); I SBN: 978-1-949943-01-6 (ebk)) (here). Cuba’s Caribbean Marxism is the first offering through Little Sir Press, a self-publishing collective that is a new project in broader knowledge dissemination of the Coalition for Peace & Ethics (more about that project here). Join us! 

https://images-na.ssl-images-amazon.com/images/G/01/SellerCentral/legal/amazon-logo_black.pngCuba’s Caribbean Marxism eBook may be accessed through these sites:


  https://www.kobo.com/us/en/ebook/cuba-s-caribbean-marxism-essays-on-ideology-government-society-and-economy-in-the-post-fidel-castro-era    


Paperback ordering information to follow. Individual Chapters also may be ordered in pdf format.

I promised that over the course of future posts I would be introducing readers to the book. This post completes that overview with an introduction to Chapter 12 ("From Ideology to Cuban Constitutional Reform"),  which follows below.  Here for access to other posts in this series.  HERE for the video recording of the launch event for Cuba's Caribbean Marxism: Essays on Ideology, Government, Society, and Economy in the Post Fidel Castro Era, which took place 12 November 2018 at Penn State.


Saturday, November 24, 2018

Penn State CSR Lab: Report and Observations on Non-State Based Non-Judicial Mechanisms on the Ground (Prepared Feedback for the OHCHR Accountability and Remedy (ARP) III Report)



The United Nations Accountability and Remedy Project (ARP) was developed through a strongly backed initiative of the Office of the High Commissioner for Human Rights (OHCHR). Starting in 2014, ARP has developed in three phases under multiple mandates from the UN Human Rights Council. While ARP I and ARP II considered carefully judicial mechanisms, and state based non-judicial mechanisms, ARP III focused on non state based non judicial remedial mechanisms. This last is an important and perhaps underdeveloped mechanism within the UNGP framework.

The OHCHR released a revised Report in November 2018 to generate additional feedback, including at a meeting organized therefor that takes place 29 November 2018 in Geneva. The principal focus of that meeting is to consider in some detail the five workstreams that serve as the heart of the ARP III Report. The OHCHR has welcomed additional feedback to aid in the finalization of the ARP III Report.

To that end the Penn State CSR Lab, an informally constituted collective of students and faculty at Penn State Law have produced this Report and Observations on Non-State Based Non Judicial Mechanisms on the Ground to aid the OHCHR as it moves the ARP III Report to conclusion.I am very proud of my students who had a substantial hand in putting this together and hope that their research and analysis proves useful to those who are undertaking the valuable ARP project.

The Penn State CSR Lab's Report to the OHCHR ARPIII team follows. It may also be accessed HERE.

13-Introducing "Cuba's Caribbean Marxism: Essays on Ideology, Government, Society, and Economy in the Post Fidel Castro Era" ("Reform and Global Corporate Social Responsibility")



I reported the publication of Cuba’s Caribbean Marxism: Essays on Ideology, Government, Society, and Economy in the Post Fidel Castro Era (Little Sir Press 2018; ISBN: 978-1-949943-00-9 (pbk); I SBN: 978-1-949943-01-6 (ebk)) (here). Cuba’s Caribbean Marxism is the first offering through Little Sir Press, a self-publishing collective that is a new project in broader knowledge dissemination of the Coalition for Peace & Ethics (more about that project here). Join us! 

https://images-na.ssl-images-amazon.com/images/G/01/SellerCentral/legal/amazon-logo_black.pngCuba’s Caribbean Marxism eBook may be accessed through these sites:


  https://www.kobo.com/us/en/ebook/cuba-s-caribbean-marxism-essays-on-ideology-government-society-and-economy-in-the-post-fidel-castro-era    


Paperback ordering information to follow. Individual Chapters also may be ordered in pdf format.

I promised that over the course of future posts I would be introducing readers to the book. This post continues with an introduction to Chapter 11 ("Reform and Global Corporate Social Responsibility"),  which follows below.  Here for access to other posts in this series.  HERE for the video recording of the launch event for Cuba's Caribbean Marxism: Essays on Ideology, Government, Society, and Economy in the Post Fidel Castro Era, which took place 12 November 2018 at Penn State.
 

Friday, November 23, 2018

1-Flora Sapio on the Zero Draft of a Legally Binding Instrument to regulate the activities of transnational corporations and other business enterprise (Article 2, Statement of Purpose)

(Pix © Larry Catá Backer 2018; Musée Ariana, porcelain figures Meissen 1725-1730 )

Flora Sapio (Comments on the "Zero-Draft"), and I (Making Sausages?: Preliminary Thoughts on the "Zero-Draft") have been considering the challenges posed by the Zero Draft.  But we wanted to dig deeper.  To that end we wanted to avoid the altogether too easy exercise of textual exegesis to suggest the challenges that this draft might construct for itself.  

Rather than consider text, or text in light of the various mandates and principles purportedly manifested in the language used to build the Zero Draft, we thought it might be useful to consider text within the context of the initial commentary it might generate among Zero Draft stakeholders motivated enough to make them. These, then, might usefully inform the reading of text, and sharpen analysis of its structure and consequences. 

To that end, and in this and subsequent posts, Flora Sapio  presents summaries of discussions on each article of the Zero Draft, based on the written submissions available on the website of the OEIGWG.  These, then, will be woven together first to develop both a critique of the Zero Draft, and thereafter to suggest the value of an alternative, framework, model for such a project.  

This post considers Article 2 of the Zero Draft (Statement of Purpose). 

Conferência Ethos 20 Anos - Belém: Business, Human Rights, and Development



I am happy to pass along information about the upcoming 20th Anniversary Conference of the Instituto Ethos, a Brazilian organization with a principal focus on business and Human Rights.  It was created in 1998 to focus on socially responsible business.

More information on the conference (in Portuguese) may be found below. Links to prior conferences also included.