The UN and Corporate Environmental Responsibility: Between International Regulation and Partnerships

This article analyses the successive attempts of the United Nations to ensure the responsible conduct of transnational corporations, and of business in general, with reference to the protection of the environment. The article will concentrate mainly on the UN draft Code of Conduct for Transnational Corporations, the 'partnership with business' approach of the Global Compact and the human-rights-based approach of the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regards to Human Rights. After considering recent developments at the UN Commission on Human Rights, the article evaluates the continued efforts, diverse strategies and multi-faceted institutional role of the UN in keeping the issue of corporate environmental responsibility on the international agenda and in trying to identify the international environmental standards directly applicable to business entities.     

U.S. policy in the UN environmental arena: powerful laggard or constructive leader?

As the world’s one remaining superpower, the United States stands forth as a hegemon in international politics. Within the traditional realist perspective, this means that the U.S. is decisive for the ambition and scope of international cooperation. However, research has shown that there is limited empirical support for this assumption when it comes to environmental cooperation. After a brief look at the U.S. general attitude and perception of the UN, this paper will then review general trends in U.S. foreign environmental policy within the United Nations context, including several key domestic factors that have influenced the U.S. in this area. I will then look more specifically at three UN institutions that are responsible for different aspects of environmental governance: United Nations global conferences (Stockholm in 1972, Rio de Janeiro in 1992 and Johannesburg in 2002), the United Nations Environment Programme (UNEP) and the Commission on Sustainable Development (CSD). The main focus will be how U.S. policies and influence in these arenas, and their relationship to UN reform, have evolved over time. Finally, the paper will attempt to analyze the American policies and answer the question posed in the title: is the U.S. a powerful laggard or a constructive leader?     

Corporate Social Responsibility: A Step Towards Stronger Involvement of Business in MEA Implementation?

This article explores the relationship between multilateral environmental agreements (MEAs) and corporate social responsibility (CSR). It offers an overview of the linkages, a survey of relevant provisions of key MEAs, and a review of the relationship between global trade rules and MEAs. Finally, the article highlights three ongoing discussions with relevance to linkages between CSR and MEAs: (1) whether, and if so how, to identify minimum global business standards in the environmental sphere; (2) the rapidly evolving 'sub-theme' within the CSR agenda which addresses the business/development interface, and the contribution of business to poverty reduction, sustainable livelihoods and achieving the Millennium Development Goals; and (3) the development by the International Organization for Standardization of an international guidance standard on 'organizational social responsibility', which, if adopted, will become ISO 26000. The risk of seeing CSR as a new pathway to MEA implementation is that the role of MEAs in informing the development of minimum acceptable environmental norms of business behaviour will be 'watered down'. If MEAs are to learn from CSR, their competitors and often stronger counterparts in the international architecture – intergovernmental trade and investment arrangements – also need to be equipped not only to be sensitive to CSR, but actively to support it. ¹     

China and UN environmental policy: institutional growth,learning and implementation

The focus of this article is on whether, and to what extent, the major UN bodies for environmental issues—the United Nations Environmental Programme (UNEP), the Commission for Sustainable Development (CSD), and the Global Environmental Facility (GEF)—have had any impact upon how China addresses and approaches its environmental issues. The UN bodies seem to have had some degree of day-to-day influence in a range of fields. UNEP has provided assistance in terms of policy formulation, technical assistance, training of personnel, public awareness and networking. The CSD seems to have made fewer practical and concrete contributions to China’s environmental policies; it serves as an arena for learning and discussion of environmental issues, rather than as a body for policy implementation. The GEF, on the other hand, has been an important source for the implementation of environmental policies in China. As to China’s contribution to environmental issues on the global arena, China does not seem to give priority to the international level of environmental policies. It is an active participant and stakeholder in international bodies such as UNEP and the CSD, but it is currently not providing any leadership. This is in clear contrast to domestic policy, where environmental issues are becoming increasingly important, attracting the attention of the media, policy-makers and the public. The article concludes that should this trend consolidate, establishing the management of the environment and natural resources as major issues in Chinese politics, it is reasonable to expect that China will in the future aim to play a leading role in environmental politics at the international level.     

Achieving the 1.5 °C objective: just implementation through a right to (sustainable) development approach

Achieving the 1.5 °C objective of the Paris Agreement on Climate Change in a just manner requires equitably sharing the responsibilities and rights that relate to this objective. This paper examines how international law concerning the Right to Promote (Sustainable) Development can contribute to determining what would be a “just” approach to achieving the 1.5 °C objective. This entails building on both the Right to Development (RtD) and the Right to Promote Sustainable Development (RtPSD). The RtD is a central notion within international human rights law and the RtPSD has been adopted under the UN Framework Convention on Climate Change (UNFCCC). Based on a literature review and legal analysis, we argue that, although the two Rights are prima facie different, in the context of the unanimously adopted Agenda 2030, including the SDGs, they partly complement and partly merge with each other. Together they provide a framework for assessing how a just transition towards a low greenhouse gas development process could be achieved and what this means for phasing out fossil fuels especially in the context of prospective oil producing countries.     

Policy Coherence, Global Environmental Governance, and Poverty Reduction

This paper explores linkages between policy coherence, global environmental governance, and poverty reduction. It begins with a few thoughts on what these terms mean, and how they are linked. It then provides some perspectives on how the linkages might be improved over time. The paper takes the view that the most coherent institutional framework for both poverty reduction and environmental protection is likely to be one that is relatively decentralised, and based on a modular (networking) structure. The implication is that this framework should rely mainly on domestic and regional governance institutions, rather than on global ones. Effective management of environmental problems (both national and international) also implies a judicious mix of strong government institutions, smooth-functioning markets, and well-targeted infrastructure investments. The business and labour communities are therefore crucial. Other elements of civil society, notably the NGOs, also have important roles to play. Global environmental governance will have to overcome significant resistance insofar as the interests of the developing countries are concerned. Developing countries will need to be convinced that it is in their best interest to participate in global environmental institutions. The best way of making this case is to link (local) poverty reduction objectives explicitly to (both local and global) environmental protection goals. Bringing greater coherence to international trade, investment, and development co-operation policies could make an important contribution to strengthening these linkages. Investment is particularly important here – in the future, investment governance will likely prove to be more important for poverty reduction than environmental governance. Focusing on global environmental governance will not be enough.     

Corporate environmental responsibility and criminology

This article addresses corporate environmental responsibility (CER) and aims to present a criminological analysis of it. We studied the opinion of a number of principle actors involved in CER in Europe in order to determine how they perceive it in terms of its definition, aetiology and approaches. For each of these dimensions we relate back to a criminological framework to ascertain how it is positioned in the green criminological debate. We start out by providing information on what corporate environmental responsibility is and how it relates to corporate social responsibility and sustainable development. Then we outline the theoretical framework in accordance with the three central themes for the criminological analysis of CER: definition, aetiology and approaches. We also explain the method that was used (semi-structured interviews). Next, we present the results according to the same threefold structure. Finally we discuss these results in a last part, which is divided in two. First, we look at the challenges that the criminological perspective poses for CER in terms of definition, aetiology and approaches. The second part of the discussion turns the question around and wonders how CER could contribute to greening criminology.     

Allocation of aid for adaptation to climate change: Do vulnerable countries receive more support?

Wealthy countries spend increasing amounts of aid to support adaptation to climate change in developing countries and have committed under the UN Framework Convention on Climate Change to prioritize adaptation aid to those “particularly vulnerable” to climate change. While research has started to track this aid, it has not yet examined its allocation across all donor and recipient countries. We thus do not know to what extent vulnerable countries indeed receive more support for adaptation. We address this research gap and ask: how does this commitment to prioritizing particularly vulnerable countries translate into actual adaptation aid allocation? To what extent do vulnerable countries receive more adaptation aid? We address these questions though a quantitative analysis of data from the Organization for Economic Cooperation and Development on bilateral adaptation aid from 2011 through 2014. In contrast to other studies, we find that vulnerability—or more precisely, vulnerability indicators—matter for adaptation aid allocation. Countries that are more exposed to climate change risks, such as extreme weather events or sea level rise, receive more adaptation aid, both on a per capita basis and as a percentage of all adaptation aid. These results indicate that collectively (even if not at the level of each individual donor) donors align their bilateral adaptation aid allocation with global promises.     

Innovative economic development: The Georgia Environmental Technology Consortium

Case studies demonstrate how the Georgia Environmental Technology Consortium (GETC), a partnership between the research universities, the business community, and the state government, fosters economic development in Georgia. The technology managers, scientists, and engineers in the GETC provide environmentally sound, innovative solutions to complex industry problems improving economic development in the state. Gifts that people took for granted for centuries are clean air, water, and soil. These are now threatened. There are also dangers in the workplace. Employees are faced with workplaces which can be hazardous. In this paper we see the GETC dedicating substantial resources to natural and workplace environmental health issues. The cases cited demonstrate the technology transfer of university research into industry applications. The resulting environmentally responsible products and processes improve the general public health and the competitive position of Georgia firms, insuring more jobs and a better quality of life.     

论非政府组织与联合国关系的现状及改革前景

作为一种有别于国家和政府间组织的第三类国际行为体,非政府组织与联合国之间已经建立起紧密的联系机制。非政府组织通过提供咨询、参与联合国会议、执行和监督联合国决策等方式,在联合国体系内发挥着日益重要的作用。但是,非政府组织这一新生的民间组织力量的合法性如何、其影响力应当如何发挥等问题,则引起国际社会的诸多争议。以何种方式将非政府组织纳入联合国改革的框架内,是近些年学术界密切关注的焦点。     

E-confidence: Offer and acceptance in online contracting

Online contracting, as a focal point of electronic commercial transactions, has been developing since the 1990s. Recent international legislation, namely the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts (the UN Convention) is a significant legal achievement. However, the validity and effectiveness of electronic offer and acceptance is still an issue for debate. This paper aims to seek answers to how law makers may meet the challenge of regulating electronic contracting, and what future improvements that the UN Convention may need to make to boost confidence of contracting online. The paper will introduce the concept and formation of electronic contracts; analyse the current legislative environment of electronic contacting in the international organisations, EU, US and China; discuss the obstacles that electronic contracting has faced; and propose a solution to remove its legal uncertainty.     

Vagueness in Progress: A Linguistic and Legal Comparative Analysis Between UN and U.S. Official Documents and Drafts Relating to the Second Gulf War

This paper is based on a doctoral thesis which aimed at investigating on whether the use of strategic vagueness in Security Council resolutions relating to Iraq has contributed to the breakout of the 2002–2003s Gulf war instead of a diplomatic solution of the controversies. This work contains a linguistic and legal comparative analysis between UN and U.S. documents and their drafts in order to demonstrate how vagueness was deliberately added to the final versions of the documents before being passed, and thus strategically used vagueness has played a crucial role in UN resolutions related to the outbreak of war in Iraq, and in relevant legislation produced by the United States for its Congressional authorisation for war. The comparative analysis between S/RES/1441(2002) and US legislation has evidenced that that there would have been diplomatic solutions to the Iraq crises which were not synonymous of light-handed intervention against Iraq, but deliberately vague UN wording allowed the US to build its own legislation with a personal interpretation implying that the UN did not impede military action.     

Would a United Nations Environment Organization Help to Achieve the Millennium Development Goals?

As a follow-up to the 2005 United Nations World Summit, Jan Eliasson, President of the sixtieth session of the United Nations General Assembly, plans that the General Assembly will take up the issue of international environmental governance (IEG) in spring 2006. This may provide an opportunity to start negotiations on creating a United Nations Environment Organization (UNEO) in the larger context of reforming the UN. Against this background, this article discusses the need for IEG reform, the advantages and disadvantages of creating a UNEO and its potential in helping to achieve the Millennium Development Goals. The article concludes that a UNEO – as a UN specialized agency – may have greater political clout than the United Nations Environment Programme (UNEP) currently commands, which is only a programme based on a resolution of the General Assembly. Given its increased political weight, a UNEO could be a better tool to address environmental needs in developing countries, and help to achieve poverty and development goals.     

Environmental Mock Claims Analysis

Environmental risks have earned a reputation for undermining a wide range of business activities. Given the tremendous potential for unanticipated environmental losses, multitiered claims and high-priced litigation, environmental risks have prompted organizations to seek protection through a variety of risk transfer methods. The insurance community has in turn responded with the creation of a progressive menu of project-specific and entity-specific environmental insurance products that can help provide financial security to those organizations exposed to real or perceived environmental risks. What are these products and how do they work? The following mock claim analysis (MCA) highlights some of the risk issues and the insurance solutions.     

Still not in Force: Should States Support the 1997 UN Watercourses Convention?

On 21 May 1997, at the UN General Assembly, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. To date, the Convention counts 17 Contracting States – 18 short of the number required for entry into force. This article examines whether and why States should support the Convention towards ensuring its entry into force. We first look at the governance of international watercourses in order to illustrate the relevance of the Convention. The article also examines the Convention's drafting and negotiation process, the subsequent practice of States, some possible reasons slowing down ratifications and the likelihood of entry into force in the foreseeable future. Noting the widespread State support for the Convention in 1997, we conclude that, while various reasons have possibly prevented that support from translating into entry into force, the need for an effective UN Watercourses Convention has not diminished. In view of current human and environmental threats to the world's water resources, coupled with the poor governance of transboundary watersheds, the potential role that the Convention could play, once in force and widely ratified, as discussed, may in fact be more critical than ever.     

Corporate Social Responsibility European Style

Abstract: The concept of corporate social responsibility (CSR) emerged in the official discourse of the EU in 2000. This article explains how, while CSR may have been initially an idea about the scope of the responsibility of companies towards their environment, it has now become a process in which the representatives of the business community have come to occupy the main role, and whose purpose is to promote learning among business organisations, rather than to identify the components of a regulatory framework for CSR. The central question now, therefore, is whether the so‐called ‘business case’ for CSR is strong enough, so that we may hope that the forces of market will suffice to encourage companies to behave responsibly, over and above their obligation to comply with their legal obligations. The article shows, however, that this case rests on certain presuppositions about markets and the business environment, which cannot be simply assumed, but should be affirmatively created by a regulatory framework for CSR. Following the introduction, it proceeds in four stages. First, it examines the development of CSR in the EU. Second, it offers a critical examination of the so‐called ‘business case’ for CSR, taking into account the growing diversity within the enlarged EU. It then discusses, as an alternative, what a regulatory framework for CSR could resemble, highlighting a number of initiatives which have been taken in this regard by the EU. The article finally concludes that, since the failure of the European Multi‐Stakeholder Forum on CSR in 2004, the debate has made a turn in the wrong direction, both because of the mistaken view that the establishment of a regulatory framework for CSR would threaten the competitiveness of European companies, and because of the naive (and contradictory) view that reliance on market mechanisms will suffice to ensure that corporations will seek to minimise the negative social and environmental impacts of their activities, even in circumstances where they are not legally obliged to do so.     

The Language of the UN: Vagueness in Security Council Resolutions Relating to the Second Gulf War

Over the last few years the diplomatic language of UN resolutions has repeatedly been questioned for the excessive presence of vagueness. The use of vague terms could be connected to the genre of diplomatic texts, as resolutions should be applicable to every international contingency and used to mitigate tensions between different legal cultures. However, excessive vagueness could also lead to biased or even strategically-motivated interpretations of resolutions, undermining their legal impact and triggering conflicts instead of diplomatic solutions. This study aims at investigating intentional vagueness in Security Council resolutions, by focussing on the analysis of the resolutions relating to the second Gulf war. Using the qualitative Discourse-Historical approach (Wodak in Rhetorics of racism and antisemitism, Taylor & Francis Ltd., London [2000]) and quantitative analysis tools (Antconc and Sketch Engine), special attention is given to the historical/political consequences of the vagueness and indeterminacy used in that framework and to the study of vague ‘weasel words’ (Mellinkoff in The language of the law, Little, Brown & Company, Boston [1963]), modals, and adjectives contained in the corpus. The hypothesis of intentional vagueness is further reinforced through an analysis of the US legislation related to the outbreak of the war, to reveal how the US has legally interpreted UN legislation and to understand the purposes and consequences of vague language contained in it. The findings indicate that vagueness in resolutions has triggered the Iraqi conflict instead of diplomatic solutions with the overall legislative intent of using intentional vagueness as a political strategy.     

Organized crime, corruption and power

The perception of organised crime as an external threat to political stability and integrity, as well as to orthodox commercial activity, is based on an assumption about the motives and intentions of organised criminals. It invariably results in a call for a war against crime. The reality and the possible solutions are less dramatic but also more complex. Organised criminals are concerned with both legal and illegal businesses where bribery of public officials and involvement with orthodox commercial activity are part of that business. While organised criminals may want to enjoy the profits of their business rather than subvert societies what they do and how they do it can have adverse consequences for societies and should be addressed. In seeking to do this, however, it is necessary not only to analyse threats to target resources more effectively but also discourage those public figures and orthodox businesses whose enthusiasm for short-term benefit overrides their moral judgement and thus allows organised crime to be tolerated within the societies to which they are supposed to be an external threat.     

Placing Indigenous Rights to Self-Determination in an Ecological Context

In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland ) that native title to land and pastoral leaseholdings can co-exist. Drawing on themes of self-determination and co-existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications of that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco-systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross-jurisdictional information for future developments and opportunities in the interests of environmental conservation.     

Professional Minimalism? The Ethical Consciousness of Commercial Lawyers

This article investigates empirically, through semi‐structured interviews, what shapes the professional ethical consciousness of commercial lawyers. It considers in‐house and private practice lawyers side by side, interrogating the view that in‐house ethics are different and inferior to private practice to suggest as much similarity as difference. In both constituencies, and in very similar ways, professional ethical concepts are challenged by the pragmatic logics of business. We examine how their ethical logics are shaped by these pragmatic logics, suggesting how both groups of practitioners could sometimes be vulnerable to breaching the boundary between tenable zeal for the client and unethical or unlawful conduct. Although they conceive of themselves as ethical, the extent to which practitioners are well equipped, inclined and positively encouraged to work ethically within their own rules is open to question. As a result, we argue professional ethics exert minimal, superficial influence over a more self‐interested, commercially‐driven pragmatism.