Human Rights Law and Policy
Human Rights Law and Policy
Latest news
In the Media
Terror threat in Australia has us losing liberties as we fight to defend them
Kim Rubenstein speaks to The Courier Mail
The funny thing about human rights
Marianne Dickie writes in APPS Policy Forum
Laws would make aspiring Australians pledge to share values
Kim Rubenstein speaks to American Broadcasting Company ABC
Would-be citizens at Dutton’s mercy
Kim Rubenstein quoted in The Saturday Paper
Tougher citizenship requirements to be introduced this week
Kim Rubenstein speaks to ABC Radio National Breakfast
'Totally unwarranted and draconian': Lawyers condemn Peter Dutton 'power grab' on citizenship
Kim Rubenstein quoted in Canberra Times
Freedom of Speech or Enabling a Right to Insult? The Australian Debate over Section 18C of the Racial Discrimination Act 1975
Elizabeth Curran writes in Oxford Human Rights Hub
Drug testing 5,000 welfare recipients
Peter Christensen speaks to ABC Radio Newcastle
People wanting to become Australian will face tougher tests.
Kim Rubenstein speaks to Crinkling News
If Assange is just a publisher he will be protected by the first amendment
Kevin Boreham speaks to Radio Sputnik Moscow
Upcoming events
40th Anniversary of the Federal Court of Australia
The ANU Centre for Commercial Law and Centre for International and Public Law are proud to announce a conference to mark the 40th anniversary of the establishment of the Federal Court of Australia.
Towards a Global Compact on Refugees: Recent Developments
- Ellen Hansen Special Adviser reporting to the Assistant High Commissioner for Protection, UNHCR Geneva
Join a group of 20-25 CIPL members at a monthly brown bag (BYO) lunch to hear short presentations by specialists on recent developments in international law, followed by general discussion.
ALRC inquiry into the incarceration rates of Aboriginal and Torres Strait Islander people
- Judge Matthew Myers AM, ALRC Commissioner
Judge Myers will speak about his work as ALRC Commissioner on the inquiry into the incarceration rates of Aboriginal and Torres Strait Islander people.
Past events
No past events found.
Business, human rights and peace in popular culture (511.02 KB)Blockbuster movies such as Blood Diamond or Avatar explore corporate responsibility themes in various ways. How might such popular culture products affect the emerging regulatory landscape on business-related human rights impacts and conflict-sensitive business practices? What role might popular culture -- in particular ‘big screen’ movies -- have to play in fostering greater awareness of, and business respect for, these norms and standards? Most scholarship on addressing the governance gap in these areas is directed to ‘supply-side’ factors -- how to design or improve legal, regulatory and policy initiatives. Scholars in the ‘business and human rights’ and ‘business for peace’ fields have focussed relatively little on insights as to the ‘demand side’ -- whether, how and to what extent consumer behaviour may be relevant in driving shifts in business practices or in complementing or demanding governmental action. This working paper explores a possible research agenda on how the nexus of business, human rights and peace is treated in pop culture, and what (if any) significance this might have to the universe of regulatory and other activity in this field. It asks how important pop culture might be in shaping a critical mass of informed consumers, a potentially relevant regulatory resource.
The quantity and quality of political opinion polling are sources of concern for electoral democracies worldwide. A significant number of countries regulate polling by embargoing publication in the latter stages of the election period, or by mandating disclosure of key information about each poll. Such regulation, however, is rare in common law systems, where ‘free speech’ arguments tend to hold sway, sublimating concern for the deliberative health of political discourse. This article examines the issue, comparing regulation and case law internationally in light of the evolution, benefits and pathologies of opinion polling. A distinction can be made between polling on issues, which permit us all to reflect on the positions of fellow citizens on substantive issues, and the almost endless stream of polling on voting intentions, which offers little from a deliberative perspective. We recommend regulation to ensure disclosure, at the point of publication, of key information about each opinion poll (eg who conducted it, the wording of questions and margins of error), as well as a campaign-period embargo on publishing electoral opinion polling.
This paper examines the growth of transnational governance, and what it means for business lawyers advising multinational corporate clients. The term “governance” incorporates the network of actors, instruments and mechanisms that now govern transnational corporations, separate from the nation state. It is reasonable to expect that lawyers play an important role in advising business clients on how to effectively operate within this system. Indeed, many transnational legal instruments are intended to enhance clients’ business goals by enabling them to engage more efficiently in cross-border commerce. Other forms of regulation, such as human rights regulation, purports to impose requirements on companies that go beyond what is necessary to enhance cross-border commerce.
In this paper we discuss the transnational governance regime that has arisen to address the adverse human rights impacts of business activities. We focus in particular on the United Nations (UN) Guiding Principles on Business and Human Rights, which were adopted by the UN Human Rights Council in 2011. We ask what if any role is there for lawyers in fostering acknowledgment and fulfilment of these responsibilities among clients? Is the duty to respect human rights a “legal” obligation in any sense? If a lawyer does provide advice, should it encompass only legal risks to the company that fall within the lawyer’s traditionally defined specialized expertise? Or should it go beyond that to include other concerns?
