Global Production, CSR and Human Rights: The Courts of Public Opinion and the Social License to Operate

This paper takes at its starting point the responsibility placed upon corporations by the United Nations’ Protect, Respect and Remedy Framework as elaborated upon by the Guiding Principles on Business and Human Rights to respect human rights. The overt pragmatism and knowledge of the complex business relationships that are embedded in global production led John Ruggie, the author of the Framework, to adopt a structure for the relationship between human rights and business that built on the existing practices of Corporate Social Responsibility (CSR). His intention was that these practices should be developed to embrace respect for human rights by exhorting corporations to move from “the era of declaratory CSR” to showing a demonstrable policy commitment to respect for human rights. The prime motivation for corporations to do this was, according to Ruggie, because the responsibility to respect was one that would be guarded and judged by the “courts of public opinion” as part of the social expectations imposed upon corporations or to put it another way as a condition of a corporation’s social license to operate.
This article sets out the background context to the Framework and examines the structures that it puts forward. In its third and final section the article looks at how the Framework requires a corporation’s social license to be assembled and how and by whom that social license will be judged. The success or failure of the Framework in persuading corporations to respect human rights is tied to whether “the courts of public opinion” can use their “naming and shaming power” effectively.

The EU Charter of Fundamental Rights in the case law of the European Court of Human Rights

The European Court of Human Rights has begun to refer to the EU Charter of Fundamental Rights in order to support its reasoning for interpreting the European Convention on Human Rights in a particular way. But the EU Charter does not yet have any special status in that regard, being treated by the Court as on a par with numerous other documents of international law. The Court’s use of the Charter began in connection with arts 8 and 12 of the Convention (the right to a family life and the right to marry) but in subsequent years it has been extended to many other Articles of the Convention. It is in relation to art.6 (the right to a fair trial) that the Charter’s influence has been most noticeable so far, the Court having changed its position on two important aspects of Article 6 partly because of the wording of the EU Charter. But the influence on art.3 (in relation to the rights of asylum seekers), art.7 (in relation to retroactive penal laws), art.9 (in relation to the right to conscientious objection) and art.11 (in relation to rights of trades unions) has also been significant. The potential for the Charter to have greater influence on the Court’s jurisprudence in years to come remains considerable.

Combining sampling, profiling, remote sensing and modelling to efficiently monitoring estuarine and coastal water quality

Monitoring of coastal and estuarine water quality has been traditionally performed by sampling with subsequent laboratory analysis. This has the disadvantages of low spatial and temporal resolution and high cost. In the last decades two alternative techniques have emerged to overcome this drawback: profiling and remote sensing. Profiling using multi-parameter sensors is now in a commercial stage. It can be used, tied to a boat, to obtain a quick “picture” of the system. The spatial resolution thus increases from single points to a line coincident with the boat track. The temporal resolution however remains unchanged since campaigns and resources involved are basically the same. The need for laboratory analysis was reduced but not eliminated because parameters like nutrients, microbiology or metals are still difficult to obtain with sensors and validation measurements are still needed. In the last years the improvement in satellite resolution has enabled its use for coastal and estuarine water monitoring. Although spatial coverage and resolution of satellite images in the present is already suitable to coastal and estuarine monitoring, temporal resolution is naturally limited to satellite passages and cloud cover. With this panorama the best approach to water monitoring is to integrate and combine data from all these sources. The natural tools to perform this integration are numerical models. Models benefit from the different sources of data to obtain a better calibration. After calibration they can be used to extend spatially and temporally the methods resolution. In Algarve (South of Portugal) a monitoring effort using this approach is being undertaken. The monitoring effort comprises five different locations including coastal waters, estuaries and coastal lagoons. The objective is to establish the base line situation to evaluate the impact of Waste Water Treatment Plants design and retrofitting. The field campaigns include monthly synoptic profiling, using an YSI 6600 multi-parameter system, laboratory analysis and fixed stations. The remote sensing uses ENVISAT\MERIS Level 2 Full Resolution data. This data is combined and used with the MOHID modelling system to obtain an integrate description of the systems. The results show the limitations of each method and the ability of the modelling system to integrate the results and to produce a comprehensive picture of the system.

Valuing water in irrigated agriculture and fisheries in a reservoir of Sri Lanka

Dissertação de Mestrado, Gestão da Água e da Costa, Faculdade de Ciências e Tecnologia, Universidade do Algarve, 2007

Water use and conservation at the environmental protection area of Brilhante, Santa Catarina - Brazil

Dissertação mest., Gestão da Água e da Costa, Universidade do Algarve, 2008

Aquaporins in adipocytes:insights into the pathophysiology of human obesity

Tese de doutoramento, Farmácia (Bioquímica), Universidade de Lisboa, Faculdade de Farmácia, 2014

Perceived Deservingness and the Toleration of Human Rights Violations: The Problem and a Possible Solution

Despite general endorsement of universal human rights, people continue to tolerate specific human rights violations. I conducted a two-part study to investigate this issue. For Part I, I examined whether people tolerated torture (a human rights violation) based on the morality and deservingness of the target. Participants tolerated torture more when the target had committed a highly morally reprehensible transgression. This effect was mediated by the target’s perceived deservingness for harsh treatment, and held over and above participants’ abstract support for the right to humane treatment. For Part II, hypocrisy induction was used in an attempt to reduce participants’ toleration of the torture. Participants were assigned to either the hypocrisy induction or control condition. Unexpectedly, participants who tolerated the torture more in Part I reduced their toleration the most in the control condition, possibly because of consistency and floor effects. Limitations and implications of the findings are discussed.

Rights in Asylum Sharing and Other Human Transfer Agreements

The article sets out the concept of a State-to-State human transfer agreement of which extradition and deportation are specialised forms. Asylum sharing agreements are other variations which the article explores in more detail. Human transfer agreements always affect at least the right to liberty and the freedom of movement, but other rights will also be at issue to some extent. The article shows how human rights obligations limit State discretion in asylum sharing agreements and considers how past and present asylum sharing arrangements in Europe and North America deal with these limits, if at all. The article suggests changes in the way asylum sharing agreements are drafted: for example, providing for a treaty committee would allow existing agreements to better conform to international human rights instruments and would facilitate State compliance to their human rights obligations.

La construction sociale du statut juridique de l’eau : le cas du Québec et du Mexique

L’eau a longtemps été considérée comme une ressource commune non susceptible d’appropriation et accessible à tous. De nos jours, toutefois, face à l’inégale répartition de l’eau sur la planète, à l’augmentation constante de la population et à la multiplication des usages qui entraînent la surexploitation et la pollution des ressources hydriques, l’eau prend une valeur nouvelle. L’eau devient de plus en plus un enjeu stratégique, politique et commercial. En conséquence, la redéfinition du statut juridique de l’eau devient un objet de débat important. Ce débat est avant tout un débat rhétorique et une « bataille » idéologique entre des groupes qui soutiennent différentes approches et qui cherchent à obtenir le monopole de la nouvelle réalité et créer ainsi le nouveau droit. Deux grandes approches s’affrontent pour redéfinir la ressource. La première, celle qui envisage l’eau comme un bien économique, soutient que pour éviter les problèmes de gaspillage et de pollution, l’eau doit être soumise aux lois de l’offre et de la demande. La deuxième, celle qui considère l’eau comme une chose commune, non appropriable et hors commerce, soutient que la valeur d’une ressource aussi vitale que l’eau ne peut être établie par les lois du marché puisque cette alternative ne permet pas d’assurer l’accès à l’eau aux plus démunis de la société. Cette approche prône également la reconnaissance d’un droit humain à l’eau. Notre thèse tente de déterminer comment s’effectue le choix du statut juridique de l’eau, et ce, tant au Québec qu’au Mexique. Notre question de recherche est traitée selon une perspective constructiviste en vertu de laquelle le statut juridique de l’eau serait une réalité « construite » et le nouveau droit serait le résultat des luttes, des oppositions et des compromis entre les acteurs sociaux impliqués. Notre terrain d’étude est le Québec et le Mexique. En effet, ce sont des territoires intégrés économiquement par le biais de l’ALENA où l’on observe des variations importantes en termes de ressources, de prélèvements et de consommation. Au Québec, nous analysons le débat qui a eu lieu lors de la Consultation sur la gestion de l’eau au Québec (1999), notamment les discours concernant le statut de l’eau, la gestion publique/privée des services d’eau et l’exportation en vrac de la ressource. Au Mexique, nous analysons les représentations des acteurs sociaux à l’occasion de l’adoption de la Loi des eaux nationales de 1992, notamment les questions qui comportent un lien étroit avec la symbolique de l’eau. Or, nous avons remarqué que le résultat de ces constructions sociales au sein de ces territoires est complètement différent. Au Québec, on a confirmé le statut de l’eau en tant que chose commune, tandis qu’au Mexique, c’est plutôt la symbolique de l’eau en tant que bien économique qui a été adoptée dans la nouvelle législation portant sur l’eau.

Human Rights Violations in Police Custody

Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration. Thus every individual of the society has the inherent right to be treated with dignity in all situations including arrest and keeping in custody by the police. Rights of an individual in police custody are protected basically by the Indian Constitution and by various other laws like Code of Criminal Procedure, Evidence Act, Indian Penal Code and Protection of Human Rights Act. The term `custody' is defined neither in procedural nor in substantive laws. The word custody means protective care. The expression `police custody' as used in sec. 27 of Evidence Act does not necessarily mean formal arrest. In India with special reference to Kerala and evolution and development of the concept of human rights and various kinds of human rights violations in police custody in different stages of history. Human rights activists and various voluntary organisations reveals that there are so many factors contributing towards the causes of violations of human rights by police. Sociological causes like ambivalent outlook of the society with respect to the use of third degree methods by the police, economic causes like meager salary and inadequate living conditions, rampant corruption in police service, unnecessary political interference in the crime investigation, work load of police personnel without any time limit and periodic holidays, unnecessary pressure from superior police officers and the general public for speedy detection causing great mental strain to the investigating officers, defective system of recruitment and training, imperfect system of investigation and lack of public co-operation are some of the factors identified in the field survey towards the causes of violations of human rights in police custody.

Is it always good to let universities select their students?

We undertake a first step to investigating a reform that has been applied in numerous universities across Europe: the right to select students. We ask to what extent this right will increase the efficiency of the university. While it seems evident that giving universities the right to select students that match best with the human capital of professors should increase efficiency measures in the productivities of students in the labor market, we point to a potentially negative efect. We argue that allowing universities to select the students they prefer can reduce the incentives of the universities to improve the human capital of their professors.

Iron-regulated surface determinant protein a mediates adhesion of staphylococcus aureus to human corneocyte envelope proteins

The ability of Staphylococcus aureus to colonize the human nares is a crucial prerequisite for disease. IsdA is a major S. aureus surface protein that is expressed during human infection and required for nasal colonization and survival on human skin. In this work, we show that IsdA binds to involucrin, loricrin, and cytokeratin K10, proteins that are present in the cornified envelope of human desquamated epithelial cells. To measure the forces and dynamics of the interaction between IsdA and loricrin (the most abundant protein of the cornified envelope), single-molecule force spectroscopy was used, demonstrating high-specificity binding. IsdA acts as a cellular adhesin to the human ligands, promoting whole-cell binding to immobilized proteins, even in the absence of other S. aureus components (as shown by heterologous expression in Lactococcus lactis). Inhibition experiments revealed the binding of the human ligands to the same IsdA region. This region was mapped to the NEAT domain of IsdA. The NEAT domain also was found to be required for S. aureus whole-cell binding to the ligands as well as to human nasal cells. Thus, IsdA is an important adhesin to human ligands, which predominate in its primary ecological niche.

Fecal water as a non-invasive biomarker in nutritional intervention: comparison of preparation methods and refinement of different endpoints

The assessment of cellular effects by the aqueous phase of human feces (fecal water, FW) is a useful biomarker approach to study cancer risks and protective activities of food. In order to refine and develop the biomarker, different protocols of preparing FW were compared. Fecal waters were prepared by 3 methods: (A) direct centrifugation; (B) extraction of feces in PBS before centrifugation; and (C) centrifugation of lyophilized and reconstituted feces. Genotoxicity was determined in colon cells using the Comet assay. Selected samples were investigated for additional parameters related to carcinogenesis. Two of 7 FWs obtained by methods A and B were similarly genotoxic. Method B, however, yielded higher volumes of FW, allowing sterile filtration for long-term culture experiments. Four of 7 samples were non-genotoxic when prepared according to all 3 methods. FW from lyophilized feces and from fresh samples were equally genotoxic. FWs modulated cytotoxicity, paracellular permeability, and invasion, independent of their genotoxicity. All 3 methods of FW preparation can be used to assess genotoxicity. The higher volumes of FWobtained by preparation method B greatly enhance the perspectives of measuring different types of biological parameters and using these to disclose activities related to cancer development.

Adapting to the effects of climate change on water supply reliability

This paper presents preliminary results from an assessment of the barriers to adaptation to water supply shortage in a case study catchment in south east England with multiple supply companies. The investigation applies a conceptual framework, which distinguishes between generic barriers affecting the ability of supply companies to make adaptation decisions, and specific barriers to the implementation of each option. The preliminary analysis suggests that whilst there is a widespread awareness of the challenge of climate change, and a conceptual understanding of the need for adaptation, some of the generic barriers that will affect detailed evaluations and actual adaptation decisions have yet to be approached. The analysis also shows that different individual adaptation options are assessed differently by different stakeholders, and that there are differences in the barriers to adoption between supply-side and demand-side measures. First, however, the paper develops the general conceptual framework for the characterisation of the barriers to adaptation used in the study.

Physiological expression of human thermal comfort to indoor operative temperature in the non-HVAC environment

A physiological experiment was carried out in a naturally ventilated, non-HVAC indoor environment of a spacious experimental room. More than 300 healthy university students volunteered for this study. The purpose of the study was to investigate the human physiological indicators which could be used to characterise the indoor operative temperature changes in a building and their impact on human thermal comfort based on the different climatic characteristics people would experience in Chongqing, China. The study found that sensory nerve conduction velocity (SCV) could objectively provide a good indicator for assessment of the human response to changes in indoor operative temperatures in a naturally ventilated situation. The results showed that with the changes in the indoor operative temperatures, the changing trend in the nerve conduction velocity was basically the same as that of the skin temperature at the sensory nerve measuring segment (Tskin(scv)). There was good coherent consistency among the factors: indoor operative temperature, SCV and Tskin(scv) in a certain indoor operative temperature range. Through self-adaptation and self-feedback regulation, the human physiological indicators would produce certain adaptive changes to deal with the changes in indoor operative temperature. The findings of this study should provide the baseline data to inform guidelines for the development of thermal environment-related standards that could contribute to efficient use of energy in buildings in China.