As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent ye...As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.展开更多
The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has b...The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.展开更多
A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations (Oil TNCs) and the oil producing communities. This could be attributed to the fact that the a...A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations (Oil TNCs) and the oil producing communities. This could be attributed to the fact that the activities of Oil TNCs have continued to unleash untold devastation on the environment of the oil producing communities and its consequences on the local economy and by extension the total obliteration of the livelihood of the inhabitants of the area. Therefore, the Oil TNCs are increasingly becoming conscious of their devastating impact on the ecology of the area and their blatant disregard for the socio-economic development of the host communities. Consequently, the Oil TNCs have come to embrace the idea of executing Corporate Social Responsibility (CSR) projects as a vehicle to intervene meaningfully in order to mitigate the adverse effect of their operations in host communities. This paper attempts a review and analysis of CSR practices of the two major Oil TNCs in Bayelsa State: Shell and Agip in six host communities: Olugboboro, Olugbobiri, Ikebiri 1, Oporoma, Angiama, and Peremabiri in Southern ljaw local government area. The key question explored in this study is: Has the practice of CSR in the Nigerian Niger Delta region by Oil TNCs brought about socio-economic development and drastic reduction in conflict between the host communities and the Oil TNCs? The paper argues that CSR projects of transnational oil corporations in Nigeria are driven by short-term expediency rather than the long term development needs of host communities through the provision of poor quality social amenities to these communities in order to secure social license to operate. For transnational oil corporations to make positive impact in the Nigerian Niger Delta Region, their CSR projects should be long tern in nature, taking into consideration the sustainable development needs of the local communities. The CSR projects should be in the form of high quality social amenities and environmental rehabilitation and protection, which could serve the needs of the present and future generations.展开更多
Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major ...Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major projects. drawing the attention of leading consortia, omnibearingly solicitingbusiness and drawing foreign capital. By September 30, 1994, TEDA had approved 2054 solely for-展开更多
With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codific...With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.展开更多
Entrepreneurship corporate social responsibility is concerned with obligations that should be undertaken by an enterprise or "enterprise citizen" to the society including interrelationship between enterprise and som...Entrepreneurship corporate social responsibility is concerned with obligations that should be undertaken by an enterprise or "enterprise citizen" to the society including interrelationship between enterprise and some related interest dependents. And it is a sense of value, discipline and respect to the people, community and environment-related policies of the enterprise. Obviously, the core of the notion refers to a commitment of the enterprise in order to improve living standard of related interest counterparts. Nowadays, entrepreneurship corporate social responsibility has been not only an ethical call, but also an institutional constraint. The consensus is that in operation process an enterprise should take into account of its economic, social and ethical effects on consumers, staffs, shareholders, communities, local governments and environment and make a better prospect to them. Based on this point of view, by field work and questionnaire method, this paper discusses specifically the interaction between TNCs' R&D activities and local development of the Pudong New Area, a China's largest special economic zone in Shanghai to explore dynamics of the TNCs' R&D activities, growth of the local economy and their roles in promoting flexible innovation networks for sustainable futures. This involves: a. notion of the entrepreneurship corporate social responsibility; b. current state and trend of TNCs' R&D activities; c. mode and linkage tightness between TNCs' R&D activities and the local economy; d. main problems of the TNCs' R&D activities in Pudong; e. the context of flexible innovation networks; and f. manner and ways in creation of flexible innovation networks.展开更多
The Heilongjiang Nationality Economic Development Corporation is a foreign trade enterprise approved by the Ministry of Foreign Trade and Economic Cooperation. After eight years, the corporation, co-established by man...The Heilongjiang Nationality Economic Development Corporation is a foreign trade enterprise approved by the Ministry of Foreign Trade and Economic Cooperation. After eight years, the corporation, co-established by many minority nationalities, has developed into a force in foreign trade, with transnational joint ventures, shipping, tourism and cultural interests.展开更多
In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innova...In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innovation under the background of R&D internationalization.Only when the main parties abide by the system of intellectual property,can the self-interest and collective interest of the two sides be maximized.The government must strengthen the penalties for intellectual property right(IPR) violations,reduce the cost of IPP declaration,reduce the cost of the innovator's own rights protection,and increase the cost of imitate behavior of IPR.展开更多
As an increasing number of firms are exercising transnational operations to occupy markets and exploit location-specific factors,some scholars claimed that 'the world is flat' and the local particularities no ...As an increasing number of firms are exercising transnational operations to occupy markets and exploit location-specific factors,some scholars claimed that 'the world is flat' and the local particularities no longer matter for the 'invincible' transnational corporations(TNC).But I argue that there exist some socio-cultural factors in the host countries influencing the actions of TNCs.I point out six local factors which include social norms,local attitudes,class formation,family structure, religion,and consumption pattern.Social norms are regulating TNCs' activities and local attitudes in varying contexts are encouraging or resisting against the transnational operators.Class formation generates new demands benefiting TNCs ' expansion. Religion structure and family value are reshaping TNCs' operational practices in production as well as distribution spheres.The location-specific consumption patterns are transforming TNCs' operations,deepening their territorial embeddedness,or even exposing them to the danger of overlocalization.展开更多
This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs i...This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs in China and a summary of comments onthese cases by scholars, entrepreneurs, journalists, and professionals from all fields of life,this paper is focused on such considerations as the position of China in the global strategiesof these TNC giants, management adjustment, market adaptation, public relations, anddifferences in management styles and culture values.展开更多
The transnational corporations began investing directly in China's passenger car sector more than 2 decades ago, featuring characters unique in the world. This article, based on a case analysis, fully displays the...The transnational corporations began investing directly in China's passenger car sector more than 2 decades ago, featuring characters unique in the world. This article, based on a case analysis, fully displays the characters of the transnational corporations in the process of entering the Chinese market, in regard to timing, partner choice, model distribution among different partners and the supplying system under the domination of their subsidiaries, and management of the networks and channels, and others.展开更多
基金a phased result of the Project“China’s Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations”undertaken by China Society for Human Rights Studies(Project No.CSHRS2020-25YB)。
文摘As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.
基金the phased achievement of the CSHRS(China Society for Human Rights Studies)project“Human Rights Obligations of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations”(CSHRS2020-25YB)
文摘The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.
文摘A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations (Oil TNCs) and the oil producing communities. This could be attributed to the fact that the activities of Oil TNCs have continued to unleash untold devastation on the environment of the oil producing communities and its consequences on the local economy and by extension the total obliteration of the livelihood of the inhabitants of the area. Therefore, the Oil TNCs are increasingly becoming conscious of their devastating impact on the ecology of the area and their blatant disregard for the socio-economic development of the host communities. Consequently, the Oil TNCs have come to embrace the idea of executing Corporate Social Responsibility (CSR) projects as a vehicle to intervene meaningfully in order to mitigate the adverse effect of their operations in host communities. This paper attempts a review and analysis of CSR practices of the two major Oil TNCs in Bayelsa State: Shell and Agip in six host communities: Olugboboro, Olugbobiri, Ikebiri 1, Oporoma, Angiama, and Peremabiri in Southern ljaw local government area. The key question explored in this study is: Has the practice of CSR in the Nigerian Niger Delta region by Oil TNCs brought about socio-economic development and drastic reduction in conflict between the host communities and the Oil TNCs? The paper argues that CSR projects of transnational oil corporations in Nigeria are driven by short-term expediency rather than the long term development needs of host communities through the provision of poor quality social amenities to these communities in order to secure social license to operate. For transnational oil corporations to make positive impact in the Nigerian Niger Delta Region, their CSR projects should be long tern in nature, taking into consideration the sustainable development needs of the local communities. The CSR projects should be in the form of high quality social amenities and environmental rehabilitation and protection, which could serve the needs of the present and future generations.
文摘Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major projects. drawing the attention of leading consortia, omnibearingly solicitingbusiness and drawing foreign capital. By September 30, 1994, TEDA had approved 2054 solely for-
基金a phasic research result of the project“Human Rights Obligations of States to Regulate Extraterritorial Acts of Domestic Transnational Corporations(CSHIRS2020-25YB)”of the China Society for Human Rights Studies.
文摘With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.
文摘Entrepreneurship corporate social responsibility is concerned with obligations that should be undertaken by an enterprise or "enterprise citizen" to the society including interrelationship between enterprise and some related interest dependents. And it is a sense of value, discipline and respect to the people, community and environment-related policies of the enterprise. Obviously, the core of the notion refers to a commitment of the enterprise in order to improve living standard of related interest counterparts. Nowadays, entrepreneurship corporate social responsibility has been not only an ethical call, but also an institutional constraint. The consensus is that in operation process an enterprise should take into account of its economic, social and ethical effects on consumers, staffs, shareholders, communities, local governments and environment and make a better prospect to them. Based on this point of view, by field work and questionnaire method, this paper discusses specifically the interaction between TNCs' R&D activities and local development of the Pudong New Area, a China's largest special economic zone in Shanghai to explore dynamics of the TNCs' R&D activities, growth of the local economy and their roles in promoting flexible innovation networks for sustainable futures. This involves: a. notion of the entrepreneurship corporate social responsibility; b. current state and trend of TNCs' R&D activities; c. mode and linkage tightness between TNCs' R&D activities and the local economy; d. main problems of the TNCs' R&D activities in Pudong; e. the context of flexible innovation networks; and f. manner and ways in creation of flexible innovation networks.
文摘The Heilongjiang Nationality Economic Development Corporation is a foreign trade enterprise approved by the Ministry of Foreign Trade and Economic Cooperation. After eight years, the corporation, co-established by many minority nationalities, has developed into a force in foreign trade, with transnational joint ventures, shipping, tourism and cultural interests.
文摘In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innovation under the background of R&D internationalization.Only when the main parties abide by the system of intellectual property,can the self-interest and collective interest of the two sides be maximized.The government must strengthen the penalties for intellectual property right(IPR) violations,reduce the cost of IPP declaration,reduce the cost of the innovator's own rights protection,and increase the cost of imitate behavior of IPR.
文摘As an increasing number of firms are exercising transnational operations to occupy markets and exploit location-specific factors,some scholars claimed that 'the world is flat' and the local particularities no longer matter for the 'invincible' transnational corporations(TNC).But I argue that there exist some socio-cultural factors in the host countries influencing the actions of TNCs.I point out six local factors which include social norms,local attitudes,class formation,family structure, religion,and consumption pattern.Social norms are regulating TNCs' activities and local attitudes in varying contexts are encouraging or resisting against the transnational operators.Class formation generates new demands benefiting TNCs ' expansion. Religion structure and family value are reshaping TNCs' operational practices in production as well as distribution spheres.The location-specific consumption patterns are transforming TNCs' operations,deepening their territorial embeddedness,or even exposing them to the danger of overlocalization.
文摘This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs in China and a summary of comments onthese cases by scholars, entrepreneurs, journalists, and professionals from all fields of life,this paper is focused on such considerations as the position of China in the global strategiesof these TNC giants, management adjustment, market adaptation, public relations, anddifferences in management styles and culture values.
文摘The transnational corporations began investing directly in China's passenger car sector more than 2 decades ago, featuring characters unique in the world. This article, based on a case analysis, fully displays the characters of the transnational corporations in the process of entering the Chinese market, in regard to timing, partner choice, model distribution among different partners and the supplying system under the domination of their subsidiaries, and management of the networks and channels, and others.