Global Campus Europe: EMA

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https://reponew.gchumanrights.org/handle/20.500.11825/42
European Master in Human Rights and Democratisation Theses written in partial fulfilment of master's degree

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Browsing Global Campus Europe: EMA by Subject "accountability"
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    Acts of accountability : the individuals moral responsability to protect refugees rights when the rule of law in modern States fails to do so
    ( 2013) Arvidsson, Amélie ; Yahyaoui Krivenko, Ekaterina
    When human rights violations occur within the rule of law of modern states as a result of the instrumentalisation of human rights, it is inevitable to ask what role and moral responsibility the individual has to protect them. Not least if the rights are referred to as fundamental. This thesis addresses the individual’s role and moral responsibility to protect refugees’ rights when the rule of law in modern societies fails to do so. Furthermore, the thesis aims to look at the interaction between the morally responsible individual and the rule of law in those situations. Different theories of moral philosophy will be presented. The moral theories of Immanuel Kant will be presented and analysed as he has had strong influence on the emergence of modern thinking. From his theories will follow critique deriving from philosophers in the area of contemporary moral philosophy; among which the foremost will be Hannah Arendt and Zygmunt Bauman. A specific case-study will then be provided in order to implement the theories of the different philosophers into practice. The case concerns the Swedish authority’s deportation practices of Christian Iraqis. From without the moral negotiations possible consequences will be discussed. These possible consequences culminate from negative resistance, based on what ought not to be done, and positive action, based on what ought to be done.
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    Child sexual exploitation and mega sport events on the soccer nation. The 2014 World Cup in Brazil and FIFA’s accountability: lessons for the future
    ( 2024) Arnoldi, Marina : Giovedi ; Machado, Jónatas ; Gomes, Carla de Marcelino
    The FIFA World Cup is seen as a global celebration of soccer, but its impact on host nations can be far more complex and troubling. In 2014, Brazil hosted the World Cup, and with it came widespread human rights violations, especially against vulnerable children. In this research, our focus is Child Sexual Exploitation in Brazil during the World Cup. First, we will delimit the legal framework around child protection. Following, we will contemplate the Brazilian social context, the specialty of children’s reality and the facts we have on the World Cup. Working with the concept of mega sport events, we delve into the intricate relationship between FIFA, the governing body of soccer, and Brazil, the host nation. Using the UN Guiding Principles on Business and Human Rights as a framework, together with all the relevant international instruments, this study explores FIFA's responsibility for the human rights violations that occurred in Brazil, what it did wrong, what it should have done, the steps it now must take, and the possibility of holding the body accountable. We finalise briefly observing the current international scenario, what we have accomplished and the much we still need to develop. This research brings a question: are we going to accomplish the prevention of human rights violations in the 2026 World Cup?
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    Chronic hunger and accountability: a study on the right to adequate food and levels of impunity
    ( 2011) Bournonville, Alexandra : de ; Bne Saad, Majda
    Chronic hunger is the result of man-made action or inaction and unequal power relations from local to international scales, restricting the access to food to the powerless who go hungry. This reality has been exacerbated through globalisation process which has undermines States sovereignty and threatened the realization of the right to food. Because it is not visible and affects the most vulnerable groups, chronic hunger does not represent political and economic issue for policymakers, the public and the international community. The purpose of this study is to examine the relationship between chronic hunger and impunity, to discuss the implications of the liability of national and international actors in the occurrence of hunger and to determine the factors contributing to the occurrence of chronic hunger. Taking the starting point of famine paradigm shift, this study argues that chronic hunger persists because the political will to eliminate it is lacking and that its occurrence is a consequence of impunity. The lack of political will is determined by the loophole of State extraterritorial obligations and the lack of responsibility of global actors, which bring about a lack of accountability for violations of the right to food.
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    Climate justice litigation against transnational corporations: the interconnections between the web of life and the web of accountability
    ( 2024) Martins, Amanda : Rossini ; Maubernard, Christophe
    The worldwide impacts of climate change are defined as the worst threat humanity has ever faced. Through a decolonial lens, the present research aims to clarify if climate justice litigation provides a sufficient answer to the current lack of recognition of the interconnections between the web of life and the web of accountability, in which transnational corporations play a central role. To this end, the first chapter places the web of life in the dynamics of the current dominant socio-economic system, denouncing the destructive legacy of colonialism and capitalism. The second chapter introduces the climate governance scenario shaped by climate corporate (in)action, placing climate due diligence at the core of accountability for the private sector. The last chapter addresses the role of climate justice, particularly through litigation against transnational corporations. Lastly, it focuses on the promotion of an (un)just transition, grounded in decolonial epistemology. It concludes that climate change is a human-made product of a world shaped by the legacy of imperialism, colonialism and capitalism, which, in turn, are grounded in exploitation, extraction, misery, inequality and death. Legal frameworks and strategic litigation are not capable alone to bridge the gap between the web of life and the web of accountability. Societal change is crucial: the recognition of a common ground of responsibility of all humankind, differentiated by the roles played in the system, to promote a regenerative climate justice. Just transition means providing and adapting reconciliation to each singular context, as an inclusive approach grounded in environmental democracy. Key words: climate change; climate justice; business and human rights; transnational corporations; climate due diligence; climate litigation; just transition.
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    Corporate directors’ duties. The path to preventing human rights violations and enhancing accountability
    ( 2024) D’Alessandro, Alessandra ; Márquez Carrasco, Carmen
    This thesis examines the role of corporate directors in preventing human rights violations and enhancing accountability through a stakeholder-oriented approach. The research addresses two main questions: the efficacy of stakeholder orientation for human rights protection and the optimal framing of directors' duties to enhance this protection. It explores key debates in corporate governance, contrasting shareholder-centric and stakeholder-oriented models, and their impact on corporate decision-making regarding human rights. The study evaluates current legal frameworks governing directors' duties, with a focus on European legislation, to determine if they support stakeholder approaches or remain entrenched in shareholder primacy. It investigates the integration of mandatory human rights due diligence into directors' responsibilities, analyzing legislative initiatives like the European Union Corporate Sustainability Due Diligence Directive (CSDDD). Practical recommendations are provided for incorporating due diligence into corporate governance to prevent human rights violations. Additionally, enforcement mechanisms and relevant case law are reviewed to assess the effectiveness of holding directors accountable for corporate misconduct. The thesis concludes that while stakeholder orientation shows promise, it is insufficient alone. Legislative reforms mandating explicit human rights duties for directors and establishing direct liability to affected groups are recommended to ensure robust corporate accountability and human rights protection.
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    Deconstructing the language of the EUCSDDD. Through a TWAIL lens and a human rights perspective
    ( 2024) Charalambous, Georgia ; García Martín, Laura
    The EU Corporate Sustainability Due Diligence Directive (EUCSDDD) is an ambitious instrument designed to advance corporate accountability for human rights and the environment on a global scale. However, it is a contested project which has attracted criticism due to the risk of entrenching Global North and Global South inequalities. One of the major allegations brought against it is that while it is primarily designed for the Global South it does not include Global South actors including rightsholders in its making. This thesis primarily investigated whether the ‘West’ and ‘Rest’ discourse was evident in the making of the Directive and its subsequent implications by employing a discourse analysis from a TWAIL and a human rights perspective. Part of the analysis examined the underlying unconscious biases by delving deeper into the linguistic processes using the Conceptual Metaphor Theory as a tool. The findings indeed illustrate a strong ‘West’ and ‘Rest’ ideology which as suggested guides the rationale behind the actions taken by the EU. Subsequently, this study compared its findings with the Final Compromised Text and established a correspondence between the input process and the output result of the Directive. It is concluded that the ‘West’ and ‘Rest’ ideology as well as its effects may be mitigated by including the one that has been ‘othered’ i.e. the Global South.
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    Democratizing global governance through the use of a joint legal/market accountability system: the bet of the World Bank and corporate social responsibility
    ( 2009) Gellert, Raphael ; Klabbers, Jan
    The idea of this Master's thesis was born from the observation that what is referred to as globalisation is deeply affecting the world we live in. Indeed, more and more transnational institutions are entrusted with (regulatory) powers that had always been thought of as solely belonging to States. However, they are far from being democratic. This thesis will focus on one of those institutions: the World Bank; with the aim of making it more accountable. Indeed, in accordance with the Global Administrative Law project, I argue that, as far as today, accountability is the form of democratic responsibility which is best adapted to the global paradigm. After having described how the World Bank interprets its mission of poverty alleviation, I shall proceed to an in-depth analysis of the concept of accountability. On that basis I will analyse the accountability mechanisms existing at the Bank, and conclude that they do not conform to the concept. Therefore, I will argue for a new accountability mechanism: a joint legal/market accountability system, through the use of Corporate Social Responsibility instruments, which will build upon the World Bank's mission. To that end, I will demonstrate that the field of development can be framed as a market, and that the World Bank has a dual nature (Corporation and Public Institution). Finally, I will outline in what ways the proposed solution can work.
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    European institutions and war crimes: the (un)accountable ones. European discipline, comprehensive investigation of the Russo Ukrainian conflict, and future scenarios of European warfare
    ( 2024) Augliese, Ilaria ; Heintze, Hans-Joachim
    This research aims to find other – and innovative – solutions to improve the responsibility and the controlling mechanisms of European Institutions dealing with war crimes. Particularly, we present a new scenario in which they will have more power in order to create a deterrent for wars to begin. We will deal with the problem of war crimes while explaining the fundamental role, for the international community, of International Humanitarian Law and Human Rights Law. Also, we analyse the war crimes that were committed nowadays in the European arena, and we examine the role of the European Institutions and the means and methods at their disposal to prosecute those who have committed international violations. Therefore, we investigate the Russia-Ukraine conflict as the case study of this dissertation, showing the involvement of the European Community and the bilateral relations that occur between the most powerful states in Europe and the countries involved in the conflict. The purpose of this master’s thesis is to stimulate a critical approach in the readers and let them question if creating a stronger, independent ‘European block’ could represent a new strategy for preventing war crimes in an international system where wars are different from the past. Finally, we will consider how much the Rule of Law and the Democracies are threatened by these new frontiers of warfare in the European scenario.
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    Extraterritorial jurisdiction — the magic wand in enforcing corporate accountability in Uganda’s oil sector?
    ( 2024) Okiring, Ronald ; Sevrin, Eva ; Lemmens, Koen
    For decades, Global North multinational corporations have perpetrated human rights violations and escaped liability through complex corporate structures. The use of extraterritorial jurisdiction has been presented as a solution to close the accountability gap. This thesis examines how the principle has been applied in the enforcement of corporate accountability to hold Europe-based multinational corporations accountable for human rights violations in the Global South. The thesis looks at international and African regional perspectives on the subject and eventually takes for its province Uganda's oil sector as a domestic case study. Doctrinal research was undertaken, complemented by semi-structured interviews of professionals and civil society organizations in the field of corporate accountability. The research revealed that there is inadequate academic literature on extraterritorial jurisdiction in the enforcement of corporate accountability from an African perspective. It is hoped that this thesis will contribute to efforts to close this gap and guide policymakers at the African level and in Uganda in formulating and implementing policies to hold multinational corporations accountable. The study's findings demonstrate that extraterritorial jurisdiction is not a flawless solution and, therefore, must be implemented together with other strategies, such as mediation and arbitration.
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    From rethoric to reality: the need to regulate humanitarian accountability to beneficiaries
    ( 2005) Soto, Miguel ; Quénivet, Noelle
    The impact of the Joint Evaluation of Emergency Assistance to Rwanda was considerable in raising awareness among the humanitarian community on the necessity to adopt quality standards and principles in their performance and be accountable to their beneficiaries. Quality and accountability standards have been widely integrated into the policies of humanitarian organisations. However, humanitarian organisations’ performance has not always reflected compliance with these commitments, and thus, sometimes they have caused serious harm to the people whose suffering they intend to alleviate. This was the case in the 2002 scandal of sexual exploitation and abuse of refugee girls and women by aid workers in West Africa. The humanitarian community is well aware of its accountability deficit to its beneficiaries; however, there is not much consensus on how to fill this gap between rhetoric and reality. Is it by including specific standards in order to strengthen accountability to beneficiaries? Or by supporting technically and strategically humanitarian organisations to be accountable to their beneficiaries? Is it by creating a ‘watchdog’ organisation with the power to monitor, evaluate and sanction their non-compliance with this responsibility? Or is it by letting humanitarian organisations self-regulate their performance regarding accountability to their beneficiaries? Considering these issues, the author analyses the advantages and disadvantages of each solution. One thing is for certain, though, in emergency situations there is an imbalance of power between humanitarian actors and their intended beneficiaries. Thus, with power comes responsibility and with responsibility comes accountability
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    Holding corporations accountable for human rights violations: international regulation, voluntarism or co-regulation?
    ( 2005) Lagally, Erika ; Benoit Frydman ; Hennebel, Ludovic
    The starting point of this paper is the fact that the number and power of transnational corporations (TNCs) has grown considerably over the last decades. Under international human rights law, the host states of TNCs have the obligation to ensure that corporations under their jurisdiction do not violate human rights. However, many TNCs are operating in host states which are not able or not willing to fulfil this obligation. Thus, there is an “accountability gap” in international law – TNCs have the opportunity to increase their profits by violating human rights without having to fear legal prosecution. This paper examines how transnational corporations can be held accountable when they violate human rights. It is argued that the current avenues dealing with the issue of corporations and human rights – (1) regulation via the host states of TNCs, (2) regulation via the home states of TNCs as well as (3) voluntary initiatives by corporations usually referred to under the term “corporate social responsibility” – contribute to the accountability of corporations, but are not a sufficient answer to corporate human rights violations. Two main options are discussed that should be explored to close the accountability gap: (1) international enforcement of corporate human rights obligations and (2) the concept of “co-regulation”, which combines voluntary and regulatory initiatives. The present paper concludes that while the existing avenues should be maintained and strengthened, they should be combined with international enforcement and co-regulatory initiatives in order to hold TNCs accountable for human rights violations.
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    Hope for the Northern triangle's lost generation : battling detention of unaccompanied children at the Southern border of México
    ( 2017) Nomdedeu Díaz-Valero, Andrea ; Marouda, Maria Daniella
    Since former President Barack Obama declared an humanitarian crisis when up to 50.000 unaccompanied children crossed into the United States in 2014, relations between the US and Mexico to control the tide of migrants crossing the Guatemalan-Mexican border led to the adoption of the South Border Program, which main result has been the increase of detentions and deportations of migrants in México. Since 2014, México has taken steps forward to presumably protect unaccompanied children, new legislation accurately protecting children has been adopted and new protection figures have been set down in the law. Nevertheless, violations to this compromise are constantly being claimed by civil society. The use of tricky legal terms and a so-called alternative to detention program have been the tools to avoid its responsibility. In the light of this study there is going to be answered whether México can be accountable for the breaches committed to its own legislation while demonstrating how a proper alternative to detention program can be beneficial for the State, host community and children. For this purpose secondary sources, reports and visit to the field, whereby interviews with different stakeholders were taken, will be the tools to collect the data regarding the accountability of México due to the breaches of international and national legislation when detaining unaccompanied children.