What Role for Human Rights in Business?

The Guiding Principles on Business and Human Rights (UNGPs) were endorsed by the United Nations Human Rights Council in June 2011, following the six‐year mandate of the Special Representative to the Secretary General (SRSG) on the issue of human rights and transnational corporations and other business enterprises. The SRSG developed a framework comprised of three pillars: (1) States have a duty to protect against human rights abuses committed by third parties, including business enterprises; (2) business enterprises have a responsibility to respect human rights; and (3) victims of business‐related human rights abuses need access to effective remedies. In particular, guiding principle (GP) 11 provides that business enterprises should respect human rights, that is, they should avoid infringing on the human rights of others and address adverse human rights impacts with which they are involved. This article considers the implications of the Guiding Principles' framework for business; the continuing role of conventional accountability mechanisms in providing access to remedy for victims under the third pillar of the framework; and developments in ‘hard law', with a particular focus on the approach by the UK, since the introduction of the UNGPs, before turning, briefly, to the future for business and human rights.     

Determinants of Public Administrators' Use of Performance Information: Evidence from Local Governments in Florida

Performance management has been a focus of scholars and practitioners for more than 25 years, yet the use of performance information has not greatly expanded as a result of this attention. Acknowledging that performance measurement is not an end in itself but rather a means to enhance focus on results and value, this article evaluates the determinants of the use of performance information by local government administrators. An online survey was administered to local government employees involved in the 2015–16 Florida Benchmarking Consortium. Analysis of the data demonstrates that institutionalization of performance measurement has the strongest statistically significant positive association with the use of performance information, followed by the design adequacy of the performance measurement system.     

NEW PUBLIC MANAGEMENT VALUES AND PERSON‐ORGANIZATION FIT: A SOCIO‐PSYCHOLOGICAL APPROACH AND EMPIRICAL EXAMINATION AMONG PUBLIC SECTOR PERSONNEL

This paper takes a socio‐psychological approach to NPM and its value‐based theory in public administration. We develop a model for the study of NPM values based on the idea of Person‐Organization Fit (POF) and examine it empirically. Findings, based on a survey of 205 Israeli local governance personnel, revealed that the POF of several core NPM values (that is, responsiveness, transparency, innovativeness, and achievement orientations) was positively related with job satisfaction, organizational commitment, and service climate, as reported by these public personnel. The findings suggest that, beyond modern strategies and effective policies for the public sector, lies an essential quest for NPM value‐fit with public personnel. Consequently, the study advocates a better theoretical and practical understanding of the socio‐psychological interfaces, such as POF, in public administration. Implications and directions for future studies are discussed, both in the context of public administration research and in the generic field of organizational behaviour theory and practice. The detailed results of the factor analyses are available directly from the authors.     

Enacting the “Incomprehensible China”: Modern European Jurisprudence and the Japanese Reconstruction of Qing Political Law

The great ambition of Japanese colonialism, from the time of its debut at the end of the nineteenth century, was the reformulation of Chinese law and politics. One of the most extraordinary examples of this ambition is The Administrative Law of the Qing Empire [Shinkoku Gyōseihō], a monumental enterprise undertaken by the Japanese colonial government in Taiwan intended not only to facilitate Japanese colonial administration of Taiwan but also to reorder the entire politico‐juridical order of China along the lines of modern rational law. This article examines the legal analysis embraced in The Administrative Law of the Qing Empire and recounts its attempt to reconstruct the Qing's “political law” (seihō) by a strange, ambiguous, and hybrid resort to “authenticity.” The strangeness of this Japanese colonial production comes from Japan's dual position as both colonizer of Taiwan and simultaneously itself colonized by “modern European jurisprudence”(kinsei hōri). In uncovering the effects of modern European jurisprudence on the Japanese enterprise, we will discover Japan's pursuit of its own cultural subjectivity embedded in The Administrative Law of the Qing Empire, epitomizing the campaign of national identities observable in the process of East Asian legal modernization.     

Legal Certainty and the Role of the Financial Markets Law Committee

The first 150 words of the full text of this article appear below. Key points

• The role of the Financial Markets Law Committee (‘FMLC’)is to provide specialist assistance to those who must meet thechallenges of reforming, modernizing and applying financiallaw by identifying issues of legal uncertainty that may facethe wholesale financial markets and by working to resolve them,if possible, before they give rise to any material risk.
• Itis the author's view that the FMLC is uniquely positioned toserve rule of law values such as legal certainty and legal stability.
• Thisarticle suggests that, in the light of the challenges facingthe financial markets today, the rapid emergence of new markets,the accelerating rate of financial products ‘innovation’,the impact of recent international and European initiativesto harmonize financial markets law and the prospect of law reforminitiatives not yet even underway, the FMLC has an importantrole to play for the future.

  Much is said and . . . [Full Text of this Article]