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The purpose of this Article is to examine the relationship between globalization of the legal profession and the development of constitutional rights. This Article investigates how the globalization of the legal profession could be a useful tool for maximizing the recently well recognized notion of global constitutionalism in China and South Korea. The process of globalizing the legal profession includes denationalizing the legal markets.


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  7. China--a country with a large number of global lawyers that also operates under a distinctive political system--provides a somewhat unique opportunity for examining the impact of global lawyers in terms of the public and private interests of the country where they practice. Demand for foreign legal services by multinationals in China has increased since China instituted their Open Door Policy in An unknown error has occurred.

    Please click the button below to reload the page. If the problem persists, please try again in a little while. Read preview. Read Overview. Read preview Overview. XII, No. National Catholic Reporter, Vol. We use cookies to deliver a better user experience and to show you ads based on your interests. By using our website, you agree to the use of cookies as described in our Privacy Policy.

    But it does point to an asymmetrical situation where many human rights obligations normatively bind the states while the corporations are, and remain, human rights free zones. Note that stabilization clauses that immunize investment contracts are not per se proscribed. The emphasis on human rights obligations and responsibilities is undoubtedly Important but it appears limited in the Report. First, a State is free to contest that any human rights obligations and resposbiltites arise at customary law; even what constitutes custom as a source of international law may be contested.

    Chapter 6: Globalization; A Human Rights Perspective – Religion Online

    Exceptionalism, if it may be so called in this context, adversely affects any human rights normativity on investor responsibility. The SRSG finds a way out of these difficulties by appealing to the rhetorical force of human rights through the languages of responsible contracting and lex lata type obligations of States. The Report suggests some core human rights languages without foregrounding the intentional human rights obligations as binding corporations or investors.

    By so doing, it weakens the force of human rights persuasion in negotiations in very construction of responsible contracting. The SRSG believes in the power of persuasion through the devise of responsible contracting conduct, which takes account of human rights standards.

    Further, as Note 8 makes clear, the obligations follow regardless of what is contained in the national law or policy and extend to what are called external standards. However, the principle of state succession is not yet applicable to corporate investors, simply because international law as such is not regarded as binding on corporate performance or conduct.

    It is true that the life cycle of a project type consideration highlights the problem of succession in corporate law.

    There is perhaps a need to consider social cases like mass disasters, of which Bhopal constitutes a poignant archetype. This notion is as central to the Report as is the idea of a life-cycle. It is elaborated variously. Normative progress is made when the Report describes community engagement quite comprehensively. The Report underscores a difficulty of threshold exclusion of affected parties in accomplishing the investment contract. Not merely is a tax holiday offered for several years but also laws protecting human rights of the labour or environment are specifically rendered non-applicable in such areas.

    Is responsible contracting at all possible for such zones, which remain abundant in the Global South? More generally, the theoretical question is: if we were to postulate certain core human rights, should these be, and remain, waivable? The other question relates to Principle 9 which provides for non-judicial access.

    It must be recalled at the outset that in certain jurisdictions, the doctrine of the essential features of the basic structure of the Constitution holds and the power and the process of judicial review are upheld even against Parliamentary amendments, which are sometimes invalidated by courts.

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    This would mean that disclosure and access are contractual rights, not necessarily positive international law human rights. Best practices of corporate governance, howsoever derived widely, would necessarily result in this respect for human rights. Considered as human rights the State would have an obligation to provide access and disclosure in public interest always of course limited by justified and justifiable exceptions. But the Report suggests that human rights can be reinforced by responsible contracting conduct.

    Despite some evidence of corporate behaviour to the contrary, investment contracting conduct continues to be irresponsible. Responsible contracting norms and standards framework and fairness in investment treaties are treated separately and these do raise distinctive concerns, each in its own sphere. But I believe that the novel normative regime of responsible contracting ought to encompass both these domains, and further perhaps be subsumed under the newly enunciated global social policy of sustainable development goals and targets.

    What decisively matters are the questionings about the future of human rights. While it would be egregious error to deny interpretive plurality, there ought to be no space for sheer denialism which says that human rights do not matter at all or that they have no future. I use the expression "soft law" only because it is conventionally used. However, I reject the use of a sexist vocabulary in the language of law as a feminist. The vocabulary of the law's language is often deeply patriarchal and complicit with its cruelties.

    Power politics decides when the UN protects human rights

    For example, the expression "soft law" suggests that the reason is male as well as hard discounting non-calculative rationalities and emotional intelligence. Undoubtedly, the Bruntland Report pioneered this conception well. And combining sustainably with development is hard task, even when international environmental justice is confined to a single generation. The principles for responsible contracts have, of course, to be read in the context of the Guiding Principles and implemented as an aspect of state obligations enunciated in international human rights law.

    Since the Office of the United Nations High Commissioner for Human Rights OHCHR has promoted the principles for responsible contracts as an important and hands on instrument addressing some of the human rights concerns relating to State—investor contracts and has offered some training materials.

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    Law in Transition Biblioessay: Globalization, Human Rights, Environment, Technology

    The answer is simple — in principle, all internationally recognized human rights … because companies can affect the entire spectrum of rights … [C]ompanies at a minimum should look to the International Bill of Human Rights — the Universal Declaration and the two Covenants — as well as the ILO Declaration on Fundamental Principles and Rights at Work. They should do so for two reasons. First, the principles these instruments embody are the most universally agreed upon by the international community.

    Second, they are the main benchmarks against which other social actors judge the human rights impacts of companies.

    The law of treaties allows plenty of room for unilateralism or exceptionalism. The literature here is immense. For what constitutes non-judicial recourse, see Guiding Principles of Business and Human Rights 17— The second is a civil governance system involving stakeholders affected by business enterprises and employing various social compliance mechanisms such as advocacy campaigns and other forms of pressure.

    The third is corporate governance, which internalizes elements of the other two unevenly, to be sure. All United Nations member states there are presently , and at least 22 international organizations, committed to help achieve the following MDGs by