Review essay on The ESG Due Diligence and Transparency Report on Extractive Commodity Trading: can voluntary standards Succeed?

2021 ◽  
Author(s):  
Howard Mann
2021 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Shamila Dawood

Recent investment treaties recognize corporate social responsibility (CSR) as a mechanism for regulating corporate behavior concerning the protection and promotion of human rights, social and environmental standards. These treaties often include a universally recognized soft law version of CSR developed by the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD), considered prominent sources of CSR voluntary standards. This study analyzed significant advances in including such voluntary standards in investment treaty law, which led to implementing globally agreed norms regarding sustainable development into action. In addition to the inclusion of CSR standards in legally binding documents, this study argued that the practical issues involved in implementing the CSR standards should be addressed from the perspective of capital-dependent developing countries. To this end, this study adopted the due diligence test to apply CSR standards in cross-border investments better. For this purpose, theoretical analysis that combined descriptive and analytical approaches based on the available primary and secondary sources best suited current research. The study showed that applying CSR standards in capital-dependent developing countries was only possible when corporate, home state, and the host government took appropriate actions at the policy level. It concluded that such additional measures were needed to effectively implement CSR standards emphasizing prevention was better than cure and ensuring the appropriate due diligence process by the relevant parties. KEYWORDS: Corporate Social Responsibility, Investment Laws, Developing Countries.


2020 ◽  
Vol 28 (4) ◽  
pp. 596-611
Author(s):  
Nitish Monebhurrun

With international investment law as the background to this study, the present article examines how the full protection and security standard can be construed from the perspective of developing states hosting foreign investments. The research delves into classical public international law to argue that the diligentia quam in suis rule can be used as a means of interpretation to strike a balance between foreign investors’ and developing states’ interests when construing the full protection and security standard. The rule provides that any expected due diligence from the state party is necessarily of a subjective nature. This means that developing host states must deploy their best efforts to offer maximum protection to foreign investors not on an in abstracto basis but as per their local means and capacity. Accordingly, the standard is presented as an adaptable and flexible one which moulds its contours as per the level of development of the host state. Such flexibility does not imply condoning states’ abuse and negligence. The article explains how the diligentia quam in suis rule enables a conciliation between the full protection and security standard and the host state's level of development while rationalising the standard's application to developing nations.


2006 ◽  
Vol 26 (1-2) ◽  
pp. 121-131 ◽  
Author(s):  
Beth Lord ◽  
James Tomlinson
Keyword(s):  

2018 ◽  
Vol 11 (1-2) ◽  
pp. 279-295
Author(s):  
Mohammed Aref

This review essay introduces the work of the Egyptian scientific historian and philosopher Roshdi Rashed, a pioneer in the field of the history of Arab sciences. The article is based on the five volumes he originally wrote in French and later translated into Arabic, which were published by the Centre for Arab Unity Studies and which are now widely acclaimed as a unique effort to unveil the achievements of Arab scientists. The essay reviews this major work, which seems, like Plato’s Republic to have “No Entry for Those Who Have No Knowledge of Mathematics” written on its gate. If you force your way in, even with elementary knowledge of computation, a philosophy will unfold before your eyes, described by the Italian astronomer Galileo Galilei as “written in that great book which ever lies before our eyes—I mean the universe—but we cannot understand it if we do not first learn the language and grasp the symbols, in which it is written. This book is written in the mathematical language, and the symbols are triangles, circles and other geometrical figures, without whose help it is impossible to comprehend a single word of it; without which one wanders in vain through a dark labyrinth.” The essay is a journey through this labyrinth where the history of world mathematics got lost and was chronicled by Rashed in five volumes translated from the French into Arabic. It took him fifteen years to complete.


2019 ◽  
Vol 31 (3) ◽  
pp. 145-150
Author(s):  
Matthew J. Jones
Keyword(s):  

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