Human Rights Syllabi: Institute of International Studies, University of California, Berkeley
Columbia University
Human Rights and International Business and the Global Economy
Falll 2001- U9174x (76702) - M 4:00-6:00
Instructors
Professor J. Paul Martin
Office Hours: Thursdays 2-4, 1108 IAB
E-mail: jpm2@columbia.edu
Tel. (212) 854-2479
Professor Marcela Manubens
Office Hours: 6-7 P.M. Mondays,1108 IAB
E-mail (for occasional use only): marcelamanubens@pvh.com
Additional Visitng Instructors will be Presented
Prerequisits:
- International Law, equivalent course or experience
- Have taken International Economics I
- Have taken or be taking International Economics II and Human Rights in
International and Domestic Law and Institutions or their equivalents
- Permission of Dr. Martin
- Enrolment in spring semester required for fall enrolment
Educational Objectives of the Course
This course is designed to prepare graduate students in international affairs
and other disciplines to incorporate international human rights standards and
ethical business practices into the design, implementation and evaluation of
multi-national business activities, especially in developing countries. It will
emphasize research skills and the design of innovative ways to improve relationships
and promote active cooperation among governments, local organizations, international
NGOs and the international corporations in order to maximize political and economic
development benefits.
The promotion of human rights in developing countries requires multiple skills
and insights. Substantial differences in the potential and functions of the
actors (corporations, governments, NGOs etc.) are further conditioned by complex
local factors impose critical choices. Special attention will thus be paid to
skills and data needed to develop effective planning and design. Project evaluation
training will draw on different disciplines, notably economics, law, and ethics.
The following major concepts will be covered during the course:
I. Human Rights Principles and their Application:
- To gain a substantive and theoretical knowledge of international human
rights, including familiarity with the preparation and evaluation of human
rights reports and with the major human rights monitoring methods and systems;
- To gain a multidisciplinary understanding of the social, political and
economic context of, and potential remedial actions for, human rights violations
in the context of international business;
- To gain an understanding of the basic principles of international human
rights law and legal institutions, including the ability to enunciate a position
on the universalist and cultural relativist debates and ways to promote South-South
dialogue on the definition and promotion of human rights;
- To gain a knowledge of the role that human rights plays in current debates
and processes associated with political and economic development and the promotion
of civil society, including the work of local and international NGOs;
- To gain a knowledge of basic advocacy processes and familiarity with their
use in both the domestic and international arena, and with the activities
of the major human rights and humanitarian organizations such Amnesty International
and International Committee of the Red Cross;
- To examine the role of the United Nations and its human rights processes
as well as ways to utilize the system to protect human rights endangered by
new economic forces;
- To understand the human rights and other components of international codes
of conduct.
II. Design, Planning and Evaluation:
- To gain an understanding of the basic skills that encompass planning, design
and evaluation of human rights monitoring and social auditing, including economic
indicators;
- To gain an understanding of and competence in the use of different monitoring
and evaluation systems (needs assessment, goal setting, strategy development,
personnel and materials selection and development, assessment of outcomes
and program evaluation);
- To gain an understanding of measurement and auditing tools used in measuring
the social impact of corporate activities on local populations;
- To gain an understanding of the role and function of multinational corporations
in the globalization process as well as in domestic economies and politics;
- To gain an understanding of the main factors and processes of corporate
strategic thinking and planning in association with human rights and social
responsibility.
- To prepare carefully reasoned and documented reports and policy papers.
Course requirements
Students will be required to:
a) Participate in three segments:
- Spring preparatory seminar (3 credits) Completed
- Summer field research (internship credits) Completed
- Fall writing seminar (3 credits)
b) Complete all assigned readings and participate in classroom discussions
c) Prepare the following classroom presentations: summer research report (15
minutes), revised outline and thesis, final report ready for a publisher and
corporate use. by December 3, 2001.
Participant Evaluation Criteria (Grading)
Students will be graded based on their level of class participation and the
quality of their presentations and their final paper.
Reading Requirements
Recommended to buy
- Avery, Chris. 1999. Business and Human Rights in a Time of Change.
Online at http:/www.business-humanrights.org/Chapter1.htm
- CSHR. 1994. Twenty-Five Human Rights Documents. New York: Center
for the Study of Human Rights (available at the Center for the Study of Human
Rights).
- Frankental, Peter & Frances House. 2000. Human Rights: Is it
any of Your Business? London: Amnesty International and the Prince of Wales
Business Leaders Forum.
- Gladwin, Thomas N, and Walter, Ingo, Multinationals Under Fire,
Lessons in Management of Conflict, New York, John Wiley and Sons. (out of
print)
- Sen, Amartya K. 1999. Development as Freedom. New York: Knopf.
- UNDP. 2000. Human Development Report 2000. New York: Oxford University
Press. (excerpts ##)
Recommended reading
- Addo Michael K., Ed. 1999. Human Rights Standards and the Responsibility
of Transnational Corporations.
- Ball, Patrick, Herbert F. Spirer & Louise Spirer. 2000. Making the
Case, Investigating Large Scale Human Rights Violations Using Information
and Data Analysis. Washington, DC: American Association for the Advancement
of Sciences.
- Biersteker, Thomas J. 1978. Distortion or Development? Contending
Perspectives on Multinational Corporation. Cambridge, Mass.: MIT Press.
- Caves, Richard E., Multinational Enterprise and Economic Analysis,
Cambridge University Press, 1982
- Compa, Lance A. & Stephen F. Diamond, Eds. 1996. Human Rights, Labor
Rights and International Trade Philadelphia. University of Pennsylvania
Press, pp.22-47
- Dieng, Adama Ed., 1999. "Globalization, Human Rights and the Rule
of Law," The Review of the International Commission of Journalists,
No. 61, especially Laurence Dubin, "The Direct Application of Human Rights
Standards to, and by, Transnational Corporations." pp. 35-66.
- Donaldson, Thomas The Ethics of International Business, New York,
Oxford University Press, 1989
- Frey, Barbara A. 1997. "The Legal and Ethical Responsibilities of
Transnational Corporations in the Protection of International Human Rights."
Minnesota Journal on Global Trade. Vol.6, no.153: 152-188.
- The Hague; Boston: Kluwer Law International.
- Human Rights Watch. 1999. The Enron Corporation: Corporate Complicity
in Human Rights Violations. New York: Human Rights Watch.
- International Human Rights Internship Program. 2000. Circle of Rights:
Economic, Social & Cultural Rights Activism: A Training Resource.
Washington, DC: IHRIP & Forum-Asia. Excerpt
- IHS. 1999. Peduli Hak: Caring for Rights, Jakarta: Insan Hitawasana
Sejahtera, (October):1(43)
- Lawyers Committee for Human Rights. 1993. The World Bank: Governance
and Human Rights. New York: Lawyers Committee for Human Rights (August):
1-82.
- McPhail, Kathryn and Davy, Aidan, Integrating Social Concerns into Private
Sector Decisionmaking, World Bank Discussion Paper #384, The World Bank,
1998.
- Meyer, William. 1998. Human Rights and International Political Economy
in the Third World Nations: Multinational Corporations, Foreign Aid, and Repression.
Westport, Conn.: Praeger.
- Mitchell, John ed. Companies in a World of Conflict, Royal Institute
of International Affairs, Energy and Environmental Programme, 1998
- Orentlicher, Diane & Timothy Gelatt. "Public Law, Private Actors:
The Impact of Human Rights on Business."
- 1993. "Investors in China." N.W. Journal of International
Law and Business, 66: 96-102.
- Peterson, Kurt. 1992. "The Maquiladora Revolution in Guatemala."
Occasional Paper Series (Orville H. Schell Jr., Center for International Human
Rights); 2. New Haven: Yale Law School.
- Tavis, Lee A. 1988. Multinational Managers and Host Government Interactions.
Notre Dame, Ind.: University of Notre Dame Press.
- Schoenberger, Karl. 2000. "Levi's Children: Coming to Terms with Human
Rights in the Global Marketplace." New York: Atlantic Monthly Press.
- UNHCR. 2000. Business and Human Rights, A Progress Report. Geneva:
UNHCR (January): 3-33.
- Utting, Peter. 2000. Business Responsibility for Sustainable Development.
Occasional Paper No.2 (January), Geneva: UN Research Institute for Social
Development.
Reports published by:
- Business for Social Responsibility
- Human Rights Watch
- Amnesty International
- Transparency International
- US Department of Labor, Bureau of International Labor Affairs:
"Wages, Benefits Poverty Line and Meeting Workers' Needs in the Apparel
and Footwear Industries of Selected Countries" February 2000.
"By the Sweat and Toil of Children, Efforts to Eliminate Child Labor"
1998
Useful Websites:
- Business for Social Responsibility: www.bsr.org
- Fair Labor Association: www.fairlabor.org
- Council on Economic Priorities: www.cepaa.org and www.cepnyc.org
- Prince of Wales Business Forum: www.info@pwblf.org
- Ethical Trading Initiative: eti@cti.org.uk
- Human Rights Watch: www.hrw.org
- Amnesty International: www.amnesty.org
- International Labor Organization: www.ilo.org
- Ethical Trading Initiative (UK): www.ethicaltrade.org
- Minority Rights Group International: www.minorityrights.org
- GoodWorks International: www.goodworksintl.com
Schedule: Fall Semester (3 credits)
Monday September 10
Discussion of Semester's work and oral reports on summer work.
- Henry Steiner and Philip Alston,International Human Rights in Context, pp. 3-116.
Monday September 17
Oral Presentations of Initial Written Reports on Research in Indonesia, Brazil,
Botswana and Chad.
Readings:
- Human Rights Watch, 1999, The Enron Corporation: Corporate Complicity in
Human Rights Violations
- Liability for Environmental Damage and the World Bank's Chad Cameroon Oil
Pipeline Project, NC-IUCN Symposium, February 2000, or
- Genoveva Uriz, To Lend or not to Lend (Readings #2)
- Values in Tension, Thomas Donaldson (Reading #2)
Monday September 24
Reports from Venezuela
- How Do We Stand? People, Planet and Profits. Shell Corporation, 2000
- BP Environmental and Social Review 2000
- Integrating Social Concerns into Private Sector Decision-making, A Review
of Corporate Practices in the Mining, Oil and Gas Sectors. World Bank Discussion
Paper #384, Kathryn McPhail.
- Principles for Global Corporate responsibility: Benchmarks for Measuring
Business Performance, Interfaith Center for Corporate Responsibility, 1998
- Operating in Unsettled Countries, Donal O'Neill (Readings #2)
- Political Instability and Business, Frynas (Readings #2)
- Mapping the Research Knowledge Base, Warwick Business School (Readings
#2)
Monday October 1
Structure of Reports and Putative Causalities:
Readings:
- Corporate Roles and Rewards in Promoting Sustainable Development, Energy
and Resources group, University of California-Berkeley, Peter H. May et al.
January 1999. (Readings #2)
- Development Revisited, Paul Martin (Readings #2)
- UN Interagency Workshop on Human Rights Approach (Readings #2)
Monday October 8
Presentation of Written Summaries and Outlines of Reports I
Venezuela and Botswana
Monday October 15
Presentation of Written Summaries and Outlines of Reports II
Brazil, Chad and Indonesia
Monday October 22
Expert Presentations I: Getting Results: Follow-Up on Reports and Recommendations;
Choice of Compliance Mechanisms and Modes
Monday October 29
Expert Presentations II
Monday November 12
Oral Presentations of Written Reports to Expert Judges I
Venezuela
Monday November 19
Oral Presentations of Written Reports to Expert Judges II
Chad and Botswana
Monday November 26
Oral Reports of Written Presentations to Expert Judges III
Brazil and Indonesia
Monday December 3
Final Texts deposited (electronic and hard copy) with instructors and Group
Review of Colloquium and Instructors' Overall Report "Corporate Social
Action in Developing Countries: Initial Lessons.
All well-written reports will be incorporated in to a single volume to be shared
with the groups and institutions in the US and overseas who have cooperated
in the Colloquium. Please use the following format: Times New Roman #12, single-spaced,
1-inch margins, justified only on left, bold. same size headlines within text,
footnotes, not end notes, each essay with executive summary.
To Human Rights Syllabi Table of Contents