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OBLIGATIONS (2) answer(s).
 
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ID:   175400


Fixing Meanings in Global Governance? : Respect” and “Protect” in the UN Guiding Principles on Business and Human Rights / Karp, David Jason   Journal Article
Karp, David Jason Journal Article
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Summary/Abstract This article uses snapshots, rather than the ongoing flows of diffusion/contestation typically emphasized by constructivists, to explore the exercise of power through normative change. Its case is a high-profile Human Rights Council initiative: the UN Guiding Principles on Business and Human Rights (UNGP s). These UNGP s have successfully presented meanings as fixed while actually stretching those meanings’ boundaries. They reconceptualize what it means to “respect” and “protect” human rights. This is surprising given that the principles were framed as a conservative exercise at clarification, and under-noticed due to the legal rather than conceptual focus of the existing critical literature. To respect human rights, according to the UNGP s, agents need to take costly positive action. Furthermore, protect obligations come before respect. These are significant innovations. On the other hand, two missed opportunities of the UNGP s are their thin harm-based foundation for respect obligations, and their state centrism about who has duties to protect.
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2
ID:   126073


Responsibilities and obligations of the sponsoring states advisory opinion / Gao, Jianjun   Journal Article
Gao, Jianjun Journal Article
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Publication 2013.
Summary/Abstract The advisory opinion rendered by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea in the Responsibilities and Obligations of the Sponsoring States case clarified some important issues concerning the deep seabed mining regime of the Convention on the Law of the Sea. Particularly, the obligation to ensure undertaken by the sponsoring State is an obligation of "due diligence"; the "necessary and appropriate measures" may also be used to clarify the due diligence obligation; the conditions for the liability of the sponsoring State to arise are defined; and the contractor and the sponsoring State do not bear joint and several liability. Nevertheless, some relevant issues need further clarification.
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