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In the quest for human rights justice for communities and workers whose rights are breached by transnational businesses, non-judicial mechanisms (NJMs) are often deployed, but how effective are they? This book creates a blueprint for reforming transnational human rights NJMs and for helping communities and workers to use them. Through 587 interviews with 1100 individuals over five years of research in Indonesia and India, the authors delve into the practical workings of NJMs in diverse industries and contexts. The findings reveal that while NJMs are limited in providing standalone remedies, they can play a valuable role within a broader regulatory ecosystem. Combining rich empirical data, multi-method analyses and a new theoretical framework, the authors argue for a multi-pronged approach to human rights redress. Their findings will advance both academic and policy debates about the merits and shortcomings of NJMs.
Sommario
Introduction: inflated promises and small victories; 1. Two countries, three industries, ten stories of human rights grievance; 2. The promise of effective NJM design; 3. NJM design and human rights redress in practice; 4. A fields of struggle lens: power and countervailing power in struggles over community redress; 5. NJMs as sources of community leverage to combat business power; 6. NJMs and the conflicting roles of the State; 7. Key findings; 8. Prescriptive implications: towards more responsive redress?; References; Index.
Info autore
Tim Connor is a Senior Lecturer in the School of Law and Justice, University of Newcastle and Senior Research Fellow (Fractional), in the Laureate Program in Global Corporations and International Law, University of Melbourne.Annie Delaney is a scholar of labour relations, specialising in gender and informal employment in global garment supply chains.Fiona Haines is Professorial Fellow in the School of Social and Political Sciences, University of Melbourne and Honorary Professor in the School of Regulation and Global Governance (RegNet), Australian National University.Kate Macdonald is an Associate Professor in Political Science at the University of Melbourne.Shelley Marshall is a Professor in the Graduate School of Business and Law at RMIT University, Australia.