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.

Big Data: Wrongs and Rights by Andrew Cormack (WAIS Seminar)

Abstract: Big Data has been characterised as a great economic opportunity and a massive threat to privacy. Both may be correct: the same technology can indeed be used in ways that are highly beneficial and those that are ethically intolerable, maybe even simultaneously. Using examples of how Big Data might be used in education - normally referred to as "learning analytics" - the seminar will discuss possible ethical and legal frameworks for Big Data, and how these might guide the development of technologies, processes and policies that can deliver the benefits of Big Data without the nightmares. Speaker Biography: Andrew Cormack is Chief Regulatory Adviser, Jisc Technologies. He joined the company in 1999 as head of the JANET-CERT and EuroCERT incident response teams. In his current role he concentrates on the security, policy and regulatory issues around the network and services that Janet provides to its customer universities and colleges. Previously he worked for Cardiff University running web and email services, and for NERC's Shipboard Computer Group. He has degrees in Mathematics, Humanities and Law.

Social Media, Privacy, and the Academic Classroom

We live in a world full of social media and portable technology that allows for the effortless access to, and sharing of, information. While this constant connection can be viewed as a benefit by some, there have been recent, sometimes embarrassing, instances throughout the world that show just how quickly any expectation of privacy can be destroyed. From pictures of poorly dressed shoppers at a grocery store to customers recording interactions with their servers at restaurants, the internet is full of media (all with the potential to go viral) created and posted without consent of all parties captured. This risk to privacy is not just limited to retail and restaurants, as being in any situation amongst people puts you at risk, including being in an academic classroom. Anyone providing in-class instruction, be they professor or librarian, can be at risk for this type of violation of privacy. In addition, the students in the class are also at risk for being unwittingly captured by their classmates. To combat this, colleges and universities are providing recommendations to faculty regarding this issue, such as including suggested syllabus statements about classroom recording by students. In some instances, colleges and universities have instituted formal policies with strict penalties for violators. An overview of current privacy law as it relates to an academic setting is discussed as well as recent, newsworthy instances of student recording in the classroom and the resulting controversies. Additionally, there is a discussion highlighting various recommendations and formal policies that have been issued and adopted by colleges and universities around the country. Finally, advice is offered about what librarians can do to educate students, faculty, and staff about the privacy rights of others and the potential harm that could come from posting to social media and the open web images and video of others without their consent.

Privacy Advocacy in Libraries in the Age of Mass Surveillance

Alison Macrina is the founder and director of the Library Freedom Project, an initiative that aims to make real the promise of intellectual freedom in libraries. The Library Freedom Project trains librarians on the state of global surveillance, privacy rights, and privacy-protecting technology, so that librarians may in turn teach their communities about safeguarding privacy. In 2015, Alison was named one of Library Journal‘s Movers and Shakers. Read more about the Library Freedom Project at libraryfreedomproject.org.

Global Standards: Recent Developments betweend the Poles of Privacy and Cloud Computing

The development of the Internet has made it possible to transfer data ‘around the globe at the click of a mouse’. Especially fresh business models such as cloud computing, the newest driver to illustrate the speed and breadth of the online environment, allow this data to be processed across national borders on a routine basis. A number of factors cause the Internet to blur the lines between public and private space: Firstly, globalization and the outsourcing of economic actors entrain an ever-growing exchange of personal data. Secondly, the security pressure in the name of the legitimate fight against terrorism opens the access to a significant amount of data for an increasing number of public authorities.And finally,the tools of the digital society accompany everyone at each stage of life by leaving permanent individual and borderless traces in both space and time. Therefore, calls from both the public and private sectors for an international legal framework for privacy and data protection have become louder. Companies such as Google and Facebook have also come under continuous pressure from governments and citizens to reform the use of data. Thus, Google was not alone in calling for the creation of ‘global privacystandards’. Efforts are underway to review established privacy foundation documents. There are similar efforts to look at standards in global approaches to privacy and data protection. The last remarkable steps were the Montreux Declaration, in which the privacycommissioners appealed to the United Nations ‘to prepare a binding legal instrument which clearly sets out in detail the rights to data protection and privacy as enforceable human rights’. This appeal was repeated in 2008 at the 30thinternational conference held in Strasbourg, at the 31stconference 2009 in Madrid and in 2010 at the 32ndconference in Jerusalem. In a globalized world, free data flow has become an everyday need. Thus, the aim of global harmonization should be that it doesn’t make any difference for data users or data subjects whether data processing takes place in one or in several countries. Concern has been expressed that data users might seek to avoid privacy controls by moving their operations to countries which have lower standards in their privacy laws or no such laws at all. To control that risk, some countries have implemented special controls into their domestic law. Again, such controls may interfere with the need for free international data flow. A formula has to be found to make sure that privacy at the international level does not prejudice this principle.

Privacy in the Post-NSA Era: Time for a Fundamental Revision?

Big Brother Watch and others have filed a complaint against the United Kingdom under the European Convention on Human Rights about a violation of Article 8, the right to privacy. It regards the NSA affair and UK-based surveillance activities operated by secret services. The question is whether it will be declared admissible and, if so, whether the European Court of Human Rights will find a violation. This article discusses three possible challenges for these types of complaints and analyses whether the current privacy paradigm is still adequate in view of the development known as Big Data.

Privacy as human flourishing: Could a shift towards virtue ethics strengthen privacy protection in the age of Big Data?

Privacy is commonly seen as an instrumental value in relation to negative freedom, human dignity and personal autonomy. Article 8 ECHR, protecting the right to privacy, was originally coined as a doctrine protecting the negative freedom of citizens in vertical relations, that is between citizen and state. Over the years, the Court has extended privacy protection to horizontal relations and has gradually accepted that individual autonomy is an equally important value underlying the right to privacy. However, in most of the recent cases regarding Article 8 ECHR, the Court goes beyond the protection of negative freedom and individual autonomy and instead focuses self-expression, personal development and human flourishing. Accepting this virtue ethical notion, in addition to the traditional Kantian focus on individual autonomy and human dignity, as a core value of Article 8 ECHR may prove vital for the protection of privacy in the age of Big Data.

Minors’ Access to Contraceptive Services

Over the past 30 years, states have expanded minors’ authority to consent to health care, including care related to sexual activity. This trend reflects U.S. Supreme Court rulings extending the constitutional right to privacy to a minor’s decision to obtain contraceptives and concluding that rights do not “come into being magically only when one attains the state-defined age of majority.” It also reflects the recognition that while parental involvement is desirable, many minors will remain sexually active but not seek services if they have to tell their parents. As a result, confidentiality is vital to ensuring minors’ access to contraceptive services. Even when a state has no relevant policy or case law, physicians may commonly provide medical care to a mature minor without parental consent, particularly if the state allows a minor to consent to related health services.

Rights declaration in Linked Data

Linked Data is not always published with a license. Sometimes a wrong license type is used, like a license for software, or it is not expressed in a standard, machine readable manner. Yet, Linked Data resources may be subject to intellectual property and database laws, may contain personal data subject to privacy restrictions or may even contain important trade secrets. The proper declaration of which rights are held, waived or licensed is a must for the lawful use of Linked Data at its different granularity levels, from the simple RDF statement to a dataset or a mapping. After comparing the current practice with the actual needs, six research questions are posed.

Translating international norms: Filters to women's rights in Lebanon

In 1979 the United Nations passed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), an international bill of rights for women. Much scholarship has focused on the degree to which states have adopted these new international gender norms, but have paid little attention to the fact that norms change in the processes of implementation. This dissertation focuses on that process assessing the translation of international gender equality norm in Lebanon.^ The study traces global gender equality norms as they are translated into a complex context characterized by a political structure that divides powers according to confessional groups, a social structure that empowers men as heads of families, and a geopolitical structure that opposes a secular West to the Muslim East. Through a comparison of three campaigns – the campaign to combat violence against women, the campaign to change personal status codes, and the campaign to give women equal rights to pass on their nationality – the study traces different ways in which norms are translated as activists negotiate the structures that make up the Lebanese context. Through ethnographic research, the process of norm translation was found to produce various filters, i.e., constellations of arguments put forward by activists as they seek to match international norms to the local context. The dissertation identifies six such filters and finds that these filters often have created faithless translations of international norms.^

The U.N. convention on the rights of the child: Relevance and application to pediatric clinical bioethics

This article provides an overview of the relevance and import of the U.N. Convention on the Rights of the Child (CRC) to child health practice and pediatric bioethics. We discuss the four general principles of the CRC that apply to the implementation of all rights contained in the document, the right to health articulated in Article 24, and the important position ascribed to parents in fulfilling the rights of their children. We then examine how the CRC is implemented and monitored in law and practice. The CRC and associated principles of child rights provide strategies for rights-based approaches to clinical practice and health systems, as well as to policy design, professional training, and health services research. In light of the relevance of the CRC and principles of child rights to children’s health and child health practice, it follows that there is an intersection between child rights and pediatric bioethics. Pediatric bioethicists and child rights advocates should work together to define this intersection in all domains of pediatric practice.

Applying brand equity to the social product of breastfeeding

Social marketing has successfully adopted many of the techniques of commercial marketing; however, a key commercial marketing theory that does not appear to be utilised in social marketing theory is brand equity. Given that a key outcome of brand equity is loyalty, which is also a desired outcome of many social marketing programs, brand equity appears to be a relevant theoretical framework. This study presents descriptive results of the brand equity levels of 296 Gen Y Australians for the social product of breastfeeding. Breastfeeding is a desirable health behaviour with significant health and wellbeing outcomes for infants, mothers and communities. It was selected as the focus of this paper because loyalty to the behaviour is not increasing, according to the targets set by national government authorities.

Practice briefing : Is BOT the best financing model to procure infrastructure projects? A case study of the Hong Kong-Shuhai-Macau Bridge

Abstract: Purpose – Several major infrastructure projects in the Hong Kong Special Administrative Region (HKSAR) have been delivered by the build-operate-transfer (BOT) model since the 1960s. Although the benefits of using BOT have been reported abundantly in the contemporary literature, some BOT projects were less successful than the others. This paper aims to find out why this is so and to explore whether BOT is the best financing model to procure major infrastructure projects. Design/methodology/approach – The benefits of BOT will first be reviewed. Some completed BOT projects in Hong Kong will be examined to ascertain how far the perceived benefits of BOT have been materialized in these projects. A highly profiled project, the Hong Kong-Zhuhai-Macau Bridge, which has long been promoted by the governments of the People's Republic of China, Macau Special Administrative Region and the HKSAR that BOT is the preferred financing model, but suddenly reverted back to the traditional financing model to be funded primarily by the three governments with public money instead, will be studied to explore the true value of the BOT financial model. Findings – Six main reasons for this radical change are derived from the analysis: shorter take-off time for the project; difference in legal systems causing difficulties in drafting BOT agreements; more government control on tolls; private sector uninterested due to unattractive economic package; avoid allegation of collusion between business and the governments; and a comfortable financial reserve possessed by the host governments. Originality/value – The findings from this paper are believed to provide a better understanding to the real benefits of BOT and the governments' main decision criteria in delivering major infrastructure projects.

Labour rights as human rights : workers' safety at work in Australian-based supply chains

The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers. This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China). It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses. Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged. Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR). The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized. Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.

Understanding the legal implications of data sharing, access and reuse in the Australian research landscape

Researchers are increasingly involved in data-intensive research projects that cut across geographic and disciplinary borders. Quality research now often involves virtual communities of researchers participating in large-scale web-based collaborations, opening their earlystage research to the research community in order to encourage broader participation and accelerate discoveries. The result of such large-scale collaborations has been the production of ever-increasing amounts of data. In short, we are in the midst of a data deluge. Accompanying these developments has been a growing recognition that if the benefits of enhanced access to research are to be realised, it will be necessary to develop the systems and services that enable data to be managed and secured. It has also become apparent that to achieve seamless access to data it is necessary not only to adopt appropriate technical standards, practices and architecture, but also to develop legal frameworks that facilitate access to and use of research data. This chapter provides an overview of the current research landscape in Australia as it relates to the collection, management and sharing of research data. The chapter then explains the Australian legal regimes relevant to data, including copyright, patent, privacy, confidentiality and contract law. Finally, this chapter proposes the infrastructure elements that are required for the proper management of legal interests, ownership rights and rights to access and use data collected or generated by research projects.