CSR and social conflict in the Brazilian extractive sector

ABSTRACT

Corporate social responsibility (CSR) is an important means to address conflicts, support local development and build trust between businesses and civil society. Yet CSR often fails to live up to its ambitions and can even exacerbate conflicts between companies and communities. In this article we consider how changing CSR strategies over the past four decades between Brazilian company Vale to Norwegian company Hydro have fomented or mitigated company–community conflicts in Northern Brazil. We find that paternalistic and philanthropic approaches of Vale over time led to deep resentment and mistrust due to underdevelopment and environmental damages. Moreover, while Hydro’s more modern CSR strategies sought to deepen community engagement and build legitimacy, the company has struggled in addressing the legacies inherited from Vale and past and current civil society grievances. The case suggests that even forward-thinking CSR approaches are vulnerable to failure where they prioritise business risk over community engagement, neglect to account for past legacies in areas of operation, and fail to create a shared vision of future development. It suggests that EI companies should both understand and engage with their social and environmental impacts in the past, present, and future and create shared economic benefits in the short and long term in order to address social conflicts.     

An analysis of the fundamental tensions between copyright and social media: the legal implications of sharing images on Instagram

ABSTRACT

Copyright is inherently intertwined with the development of technology and none more so than the advent of the Internet and sharing technologies. More recently, social media platforms have become the latest challenge for copyright law and policy. This article builds on the literature that recognises the underlying conflict between copyright and social networking sites (SNSs); namely that the basic implication of copyright is the restriction of copying, whereas the ethos of social networking is the promotion of sharing. In particular, this article focuses on the disparity between the restricted acts of copying and communication to the public under copyright law and the encouragement of sharing on SNS Instagram. In doing so, it contextualises the debate surrounding copyright and social media and provides an understanding of the legal implications of using Instagram. As such this paper analyses (1) the infringement of copyright protected work on Instagram, and (2) the user-agreement and licensing of copyright material on Instagram. This study concludes that the disparity between the principles of copyright and social media lead to confusion and vulnerability of users. Therefore, it is suggested that Instagram should better inform its users of the implications of sharing third-party content as well as the terms of its user agreement. This could be done by implementing a copyright strategy, which includes a notice and takedown system as well as investing in producing educational content for users. Perhaps SNSs, such as Instagram might be more motivated to take steps to recognise intellectual property rights if they were considered Internet Services Provides such as YouTube.     

论互联网时代诽谤罪的公诉范围

我国刑法对诽谤罪采取自诉为主、公诉为补充的双轨制模式。由于刑法但书“严重危害社会秩序和国家利益”的公诉依据具有模糊性,同时司法解释本身缺乏解释力和可操作性,存在同义解释、近义解释等问题,加剧了公诉诽谤罪和其他罪名之间的冲突和竞合,特别是当被害人为地方领导干部时,诽谤罪的公诉权在实务中存在被滥用风险,部分限制公诉权的要件在实务中被淡化甚至忽略。从相对狭义的角度看,“严重危害社会秩序和国家利益”只有在行为人对侵犯个体法益具备主观故意,但对侵犯社会法益或国家法益不具备主观故意(或无法证明其具备故意)的情形下,才有其独特的法律适用价值并不与刑法其他罪名相冲突。为妥善处理和平衡诽谤犯罪中惩治犯罪和保障人权的关系,适应互联网时代的内外部变化,建议通过修改我国刑法,将诽谤罪区分为情节不严重、情节严重、情节特别严重的三种形态,为充分保障宪法权利,情节不严重的不作为犯罪处罚;为充分保障自诉权,情节严重的为绝对告诉乃论;为依法惩治犯罪,对符合特定形式要件和实质要件,情节特别严重的诽谤犯罪可以依法公诉,以维护网络信息秩序。     

Adding to the Controversy? Civil Society’s Evaluation of the National Conference Dialogue in Yemen

ABSTRACT

This article assembles a picture of Yemen’s 2013–14 National Dialogue Conference (NDC) by collecting perspectives from local civil society organizations (CSOs), which are contrasted to the views of international commentators. Despite all efforts by internal parties as well as the international community, the dialogue failed to avert war, which broke out shortly after. Through interviews with 50 CSOs, we reconstructed the reasons for failure, as well as paying attention to the observed strengths of the dialogue. Half of the consulted organizations were directly involved in the NDC, either as an invited participant or in a brokerage role. The other half concerns outside observers. We identify aspects on which the opinion of the CSOs converge, but also highlight striking divergences depending on insider/outsider status. In contrast to the view espoused in the international literature, the CSOs overall feel that, in spite of all its procedural and substantive flaws, the NDC was a significant junction in the long road towards peace and stability and laid important groundwork for future dialogues.     

‘Let's Win this Game Together’: Children's Rights Violations,Macro‐Securitisation and the Transformative Potential of the 2014 FIFA World Cup in Brazil

Sport's transformative potential is known to support marginalised children, to deal with traumatic experiences and instil positive values; yet hosting mega sporting events (MSEs) can have negative impacts. Drawing on participatory research with favela‐based children during the 2014 World Cup in Brazil, this article argues that MSEs bring a macro‐securitisation of urban life, which causes considerable harm. This paper also suggests that the inclusion of children's voices in advocacy debates can challenge top‐down securitisation and might allow MSEs to foster further positive social transformation. Therefore, juxtaposed with causing harm, macro‐securitisations can open opportunities for children to take action and have their voices heard.     

Mobilising the Periphery: Brazil's My House My Life Programme and the Homeless Workers' Movement

Brazil's Movimento de Trabalhadores Sem Teto (MTST, Homeless Workers' Movement) has grown dramatically in recent years. This growth was partly provided for by the use of a large government housing programme, Minha Casa Minha Vida (MCMV, My House My Life), which allowed the MTST to construct housing for its members and swell its ranks with thousands of new members. Yet some have argued that the MCMV programme used by the MTST may compromise the autonomy of civil society organisations. This article, by contrast, argues that while the MCMV programme encouraged bureaucratic practices, it also helped to promote the cultural politics of the MTST.     

Citizen aid,social media and brokerage after disaster

Abstract

In a crisis, aid providers deliver humanitarian relief across a hierarchy of organisations where influence and capacity map to their scale of operations. On the front lines of crises, ‘citizen aid’ is what small, local and informal groups offer to fellow citizens. These citizen aid groups are well-networked in place and tend to work through longstanding personal relationships. In the Philippines, citizen aid groups frequently support their activities by documenting their work with photos of beneficiaries to solicit donations from within the country and around the world across social media platforms. This paper builds on recent debates on brokerage through a case study of citizen aid in the relief effort after Typhoon Haiyan (2013–2017). Using this case-study approach, we demonstrate how social media has produced novel forms of brokerage shaped by circulating images online. This new kind of brokerage involves a layered network of brokers that both shapes citizen aid efforts and creates new channels for localising aid, enhancing the control of citizen groups in the Global South over aid.     

“党建”与“共建”:形塑基层社会治理格局的双重逻辑——基于杭州市D区的考察

从党的政策表述及当前实践来看,基层社会治理格局的形塑过程蕴含着“党建”与“共建”的双重逻辑。“党建”的出发点是巩固党的组织优势和执政基础,表现为基层组织体系从“有形覆盖”走向“有效覆盖”,进而为引领基层社会治理准备条件。“共建”要求探索“一核多元”的治理模式,既要实现基层党组织对“共建”力量的联结和协调,也要保障多元治理主体的有效参与,同步推进群众自治、社会共治和公共服务。“党建”与“共建”的双重逻辑呈现,亦关联着社会治理研究范式的更新。     

中国共产党的利益代表性和社会利益关系调节

中国共产党要调节好各种社会利益关系,必须以各种群体利益的共同发展为出发点,制定方针政策,着重调节经济利益,疏通利益表达渠道,扩大执政的群众基础。     

从国家社科基金立项项目看法学研究状况——一种知识社会学的视角

通过对1993-2004年来国家社会科学基金立项的法学类项目类立项资助项目相关指标的分析,来展现我国目前法学学术生产格局的大致状况及其背后动因;并通过与经济学社科基金立项项目的比较以及对法学类社科基金立项项目在社科基金项目中所占比例等数据的分析,来呈视法学作为一门独立学科在整个人文社会科学界的地位变迁,以及这种变迁背后的权力———知识格局。