Business and Human Rights in Southeast Asia: Risk and the Regulatory Turn (Routledge Research in Human Rights Law)

Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance. Cover......Page 1 Half Title......Page 2 Series Page......Page 3 Title Page......Page 6 Copyright Page......Page 7 Dedication......Page 8 Table of Contents......Page 10 Notes on contributors......Page 12 Foreword......Page 18 Preface and acknowledgements......Page 20 Introduction......Page 22 Part I......Page 32 1 Whither corporate social responsibility and the UN Guiding Principles on business and human rights in ASEAN?......Page 34 2 Business and human rights challenges in ASEAN: the role and modalities of the State......Page 51 3 Why gender matters for the business and human rights agenda in Southeast Asia......Page 78 4 Children’s rights and business: a framework to combat ICT-enabled child abuse in Southeast Asia......Page 99 Part II......Page 118 5 Regulating social and environmental risk in ASEAN financial integration: the Xayaburi dam project in Lao PDR and Thai Banks......Page 120 6 Corporate sustainability and palm oil industries in Southeast Asia: a principled pragmatism......Page 142 7 Human rights risks amidst the ‘gold-rush’: Cambodia, Laos, Myanmar and Vietnam......Page 154 Part III......Page 182 8 Tigers, dragons, and elephants on the move in Myanmar: the case for responsible investment and three recommendations for Asian leaders......Page 184 9 The new frontier: due diligence and developing and implementing human rights audits in Southeast Asia......Page 211 10 Making human rights a core business practice: the finance sector’s role in the promotion and protection of human rights......Page 228 Part IV......Page 244 11 Rule-making for rights protection in the Philippines: the judiciary’s new powers for environmental regulation and access to remedy for business-related rights abuses......Page 246 12 The reality of remedy in mining and community relations: an anonymous case-study from Southeast Asia......Page 260 13 Right to development: a path to securing more effective remedies?......Page 279 Conclusion and afterword......Page 304 Index ......Page 306 "Today business and human rights has emerged as a distinct field within the broader corporate responsibility movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 has been welcomed as the leading global standard for corporations to respect human rights. The Guiding Principles are the culmination of a six year UN commissioned study by Harvard Universitys Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate and account for how they address their adverse human rights impacts. The Guiding Principles reinforce the state duty to protect against human rights abuses by third parties including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles to provide an overview of developments within the ASEAN region in relation to business and human rights. Bridging theory and practice, chapter authors will discuss the implications of key case-studies undertaken across the region, with a particular focus on extractive industries, migration and infrastructure projects. Topics covered include: due diligence and the role of audits; the role CSR can play in achieving sustainable socio economic development; businesses responsibilities to migrant workers; and the prevention of human rights abuses in states with weak levels of governance. The book aims to shed light on how ASEAN States currently understand and approach business and human rights challenges, and how the role played by ASEAN States may be strengthened and expanded. In doing so it clearly identifies the key themes, opportunities and challenges that lie ahead for the region in relation to business and human rights"-- Provided by publisher "This book draws on the UN Guiding Principles for Business and Human Rights to provide an overview of developments within the ASEAN region in relation to business and human rights. Bridging theory and practice, chapter authors will discuss the implications of key case-studies undertaken across the region. The book aims to shed light on how ASEAN States currently understand and approach business and human rights challenges, and how the role played by ASEAN States may be strengthened and expanded. In doing so it clearly identifies the key themes, opportunities and challenges that lie ahead for the region in relation to business and human rights"-- Provided by publisher