Human Rights, Risks, and New Strategies for Global Investment

It is often argued that the rules and practices of foreign directinvestment can threaten the protection of human rights. Thatdanger used to arise from the fact that the investors simplydismissed concern for these rights as their responsibility.This is no longer so. Major lenders and project sponsors nowregularly make commitments to human rights and to allied principlesgoverning environmental protection and health and safety. Thedanger instead arises from the way in which the two domainsare being brought together. The collision that threatens isnot over whether, but over how commercial imperatives are tobe integrated with this branch of social justice. The article aims at diagnosis of the problem and considers somepossible solutions to it. It frames the issues in terms of severalcompeting fundamental principles, and draws on concrete examplesfrom the investment contracts regulating the Baku – Tibilisi- Ceyhan (BTC) and Chad/Cameroon pipeline projects. Once theareas of potential collision between these contracts and humanrights requirements are explored, the essay considers a significantalteration to the BTC agreement, designed to open it up moreeffectively to human rights concerns. The analysis ends witha consideration of some model clauses for investment contractsin the future.     

Gender equality needs critical consideration in conflict-affected settings

The World Bank's 2012 World Development Report calls for gender equality on a global level but falls short on its analysis of conflict-affected contexts. It is critical that we understand the needs of vulnerable populations in these settings. This viewpoint draws on findings from research in health reform in conflict-affected contexts to highlight some opportunities and challenges for addressing gender equality in these settings, using the policy priorities outlined in the World Bank report. Drawing on this analysis we argue that more attention and action should be focused on addressing gender inequalities and inequities in neglected conflict-affected states.     

The cost benefits of providing community-based correctional services: An evaluation of a statewide parole program in California

This was a cost-benefit study of a statewide program involving multiple community-based services for parolees in California. Program effectiveness was assessed by comparing program costs to incarceration costs avoided due to decreases in recidivism. During the first year following parole release, program participants on average stayed out of prison longer than the comparison population. Participants who completed any of the community-based services stayed out of prison substantially longer. The reductions in re-incarceration yielded a net saving of $21 million in incarceration costs over the study period, after the costs of the program and parole supervision were subtracted, or a 47 percent net return on each program dollar invested. This study did not include potential cost savings to other parties in the justice system. These findings suggest future investments in community-based correctional services might produce substantial financial benefits. A fuller apprehension of the potential benefits would benefit from continuing evaluations, including studies employing a true experimental design.     

Conduct unbecoming: The dilemma of a school's responsibility in respect of teacher misconduct towards pupils

It was recently remarked that if the infamous schoolmaster, Wackford Squeers, in Charles Dickens's Nicholas Nickleby , was around today his pupils would probably accuse him of assault and the police would be paying a visit to his school, Dotheboys Hall. Though a casual comment, a great deal of truth lies therein. In the 'rights culture' of today, the manner in which adults may exercise authority over children is markedly different to that of even 20 years ago. The majority of teachers act in a professional manner and carry out their duties, often under great pressure, with the best interests of their students uppermost in their minds. However, this is not always the case. With reasonable frequency, there are reports of teachers behaving towards their students in ways which range from inappropriate to culpable. In the worst scenario the accusations are of sexual abuse, but there are also those of physical or verbal bullying. There is nowadays an increased recognition of the harmful and lasting effects of different forms of abuse, and the responsibility of those in authority to prevent it happening. In recent years New Zealand school administrators have been faced with dealing appropriately with allegations of a teacher's misconduct in a variety of different ways towards their students. A school board of trustees has a dilemma in that it must discharge dual responsibilities, in respect of its students and its staff. This article examines the legal implications of those responsibilities. It also considers the responsibility of a school in a wider context — to other schools and to the community at large.     

The basel chemical multinationals: Corporate action within structures of corporatism in Switzerland

This study is part of a developing corpus on the political economy of the multinational enterprise. It considers the embeddedness of the three Basel‐headquartered chemical multinationals in the ‘private and decentralised’ corporatism of the Swiss political economy. These companies enjoy privileged positions in a policy network weighted towards large business. Such corporate power is evident in the ‘self‐regulation’ of genetic engineering, which has nevertheless been politicised by interest group opposition. Indeed the agitation of ‘outsider’ groups has served to weaken the edifice of Swiss corporatism, the legitimacy of which has been called into question by the Swiss rejection of the European Economic Area. The article concludes with a criticism of corporate inactivity in the EEA referendum campaign, and points to the negative implications of the Swiss ‘No’ for the Basel MNEs.