Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain

As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.

Human Rights Value Based on the Legislation Principle of the Basic Healthcare and Health Promotion Law

The draft of the Basic Healthcare and Health Promotion Law directly incorporates the concept of the right to health,which will have a positive significance in realizing the constitutional norms of the right to health protection.China’s Constitution stipulates the general policy,concrete duties and specific obligations of the state to protect citizens’ right to health,which is the most fundamental logical starting point of legislative design.The implementation of state obligations requires the legislation to follow the principles as follows:people-centered public welfare,respecting and protecting the principle of citizens’ right to health,equitable access to basic medical and health services and the government responsibility for the purpose of the people’s health.

Business and Human Rights: A Study of the Interaction Between Policy Concept Shifts and Business Practices in China

The international agenda on business and human rights has entered a new era when the united Nations Guiding Principles on Business and Human Rights was endorsed in 2011 Meanwhile, as china is growing to become one of the biggest economies in the world, chinese businesses are exerting greater impacts on human rights in and outside china The 'Pillar II' policy shift of the chinese government regarding human rights refers to the translation of human rights from norms of public law to value principles for the private sector including businesses, and such a policy shift has been both a result of chinese businesses dealing with 'imported human rights challenges' in china, and one of the reasons for chinese businesses tackling 'exported human rights challenges' in overseas investment and trade Through a series of policy changes, the chinese government has transformed international human rights principles and norms into a value system and code of conduct meant for chinese businesses to respect and observe, which can greatly enhance the awareness and capacity of chinese businesses in fulfilling the irresponsibility to respect human rights in and outside china on the other hand, the challenges and opportunities from different dimensions are faced by the chinese government and businesses in business and human rights Therefore besides effectively fulfilling its duty to protect human rights, the chinese government needs to optimize and strengthen its 'Pillar II' policies, so as to push and support chinese businesses in knowing and showing their responsibility to respect human rights at both perception and practice levels.

Practical Effects and Theoretical Significance of Enterprises’Human Rights Policies——Taking Fortune Global 500 as an Example

The United nations guiding Principles on Business and human Rights requires enterprises to formulate human Rights policies and specify criteria for content and form to fulfill their responsibilities in this area.Research into the human rights policies enacted by the Fortune global 500 enterprises in 2021 reveals aclearl trend and the great practical and theoretical significance of enterprises’human rights policies can be identified.In practice,the widespread application of international human rights norms to enterprises’human rights policies is becoming a universal corporate practice that incorporates both formulation and implementation mechanisms,but there are distinct differences in the application of international human rights norms by enterprises from different countries and industries.Meanwhile,the trend in applying these enterprises’human rights policies reveals a key theoretical significance,i.e.,the trend toward the privatization of human rights norms is breaking away from the theoretical basis of“public law”in the traditional international human rights law.The social norms,including international guidelines and industry norms,are being transformed into“hard law”;and the effect of domestic legislation on enterprises’responsibilities in human rights in other countries transcends national borders and suggests new theoretical possibilities for the extraterritorial extension of a country’s legal will.While enterprises’human rights policies may have become customary rules for international business,there are still many limitations and challenges to their application,which may also pose limitations to their practical effects and theoretical significance.Recommendations are made in the hope that the Chinese government and enterprises will pay attention to the significance of enterprises’human rights policies and improve their understanding and application of the policies to promote global human rights governance in a more equitable,just,reasonable,and inclusive direction.

The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

Appropriate Attitude and Principle for Strengthening Human Rights Protection——Speech at the opening ceremony of the 12th Sino-German Human Rights Symposium, July 13, 2014

Since 1999, there have been 11 Sino-German Human Rights symposiums. Due to the concept of peace and development and the principle of dialogue through consultation, non- confrontation and pragmatism with equality, which have been upheld by organizers, such symposiums have made great achievements. The dialogue mechanism for human rights topics between China and Germany has helped construct a common, accessible and interactive platform for pushing forward human rights legal advancement in both countries, which has brought about a positive influence on the develop- ment of the human rights cause in the two countries. Strengthening legal construction and ensuring hu- man rights are not only the shared aspiration of all the people in the world, but also the irreversible his- torical trend of human civilization. The symposium, with the theme of international law and human rights protection, encourages participants to discuss and share theories and practices in human rights studies, which makes a significant contribu- tion to enriching the modern human rights concept and building a new type of international cooperation. The international community always pays great attention to the relation- ship between human rights and legal governance. China always abides by international human rights con- ventions including the Universal Declaration of Human Rights, which set up fundamental principles for promoting and ensuring human rights, and has endorsed 26 inter- national human rights conventions such as the International Covenant on Economic, Social and Cultural Rights. Meanwhile, China, through legislation, jurisdiction and admin- istration, brings into full play the active role of international human rights conventions in ensuring hu- man rights in the country.

An Analysis of the Human Rights Principles under UNGC

range of new social and economic challenges is facing the world following the end of the Cold War inthe 1990s, which come along with the progress of globalization. The United Nations hopes to get global businesses involved in this process by boosting corporate citizenship. Meanwhile, the world body, for the sake of its own development, tries to expand its influence in such a way as to encourage not only state players but also non-state players worldwide to adopt sustainable and socially responsible oolicies.

On the Concept of“Basic Rights and Interests”in Recordation Review

Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.

On the Relations Between National Security and Human Rights Defined in the Constitution of the People’s Republic of China

Counterterrorism,de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights,terrorism destroys the constitutional order and endangers people’s lives,freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism’s severe threat to human rights,all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However,they do have something in common,that is,counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights,and a dynamic principle of proportionality established for counterterrorism and human rights protection,so endowing the traditional principle of proportionality with flexible,rich value connotation.

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.

The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation

During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.

The Guiding Principles of the Cause of Human Rights in China in a New Era

The report of the 19;Communist Party of China National Congress is a document with an important historical position and unique historic contribution in the history of the People’s Republic of China and the great rejuvenation of the Chinese nation.The report can be roughly divided into two parts:general principles and substantial content.The general principles comprise four issues,which are judgment of

Macro Characteristics of Human Rights Legal Principles for Ethnic Minorities in New China

In this paper, ethnic minorities refer to the 55 minorities other than the Han ethnic group with- in the borders of the People＇s Republic of China; human rights mean the human rights connotations within the ken of international human rights laws; legal principles mean the principles that all authoritative organizations, legislative organs, administrative departments, judicial organs and other departments should obey.

Imploding the Mirage: The Yogyakarta Principles and the New Era of Globalization

The aim of the article is to examine the role of the Yogyakarta Principles in the new era of globalization.The Principles could be assimilated for their modesty and multiple points of entry in the global system.However,they have not necessarily created formal protections for sexual minorities that keep being abused globally because conservative elites share goals and tactics among themselves to repress these minorities.

An Academic Summary of the International Conference Series on “The Role of the Proportionality Principle in the Pandemic Prevention and Control”

Against the background of a complicated global pandemic situation and normalized pandemic prevention and control in China,leading human rights scholars from China,North America and Eurasia conducted fruitful discussions on the human rights jurisprudence during pandemic through the lens of the proportionality principle at the Sixth Session of the International Seminar Series on"Global Pandemic Prevention and Control and Human Rights Protection",which was organized by the Center for Human Rights Studies of Renmin University of China,under the guidance of the China Society for Human Rights Studies.Focusing on the pandemic-related human rights conditions and legal challenges in global context,participating scholars examined the role of the proportionality principle during the containment of COVID-19 in six topical dimensions,including the normative utility,practical logic,reasonable limits,necessary measures,balancing of interests,and proportional jurisprudence in the post-pandemic era.In oder to cohere human rights jurisprudence for the development of a global community of health for all,this international seminar fostered five fundamental proportionality consensuses from five interrelated perspectives,involving human rights—rule of law—balance—contexts—trends".

Development of the Principle of International Solidarity and the Contribution of China

International solidarity is a fundamental value upheld by the united nations as well as a principle of international law recognized by independent experts on human rights The values and principle of international solidarity have played an important role in promoting human rights, improving the international economic order, driving sustainable development, and tackling global challenges, and they have gained wide support from most developing countries As unilateralism and protectionism continue to spread, global governance and multilateral cooperation are under threat Against this background, the united nations calls for the spirit and principle of international solidarity and the promotion of solidarity rights, including the right to development, and encourages the countries to safeguard global public health through joint actions and to avoid discrimination The concept of a community with a shared future for human beings proposed by China embodies international cooperation, mutual learning and exchanges, and collective efforts to promote and safeguard human rights It has made a positive contribution to enriching and boosting the principle of international solidarity and demonstrated the wisdom and responsibility of China as a major country.

欧盟推动“禁止强迫劳动产品”立法:规范冲突与现实挑战

欧盟推动“禁止强迫劳动产品”立法,将对国际经贸环境包括我国国际经贸活动产生深远影响。欧盟相关文件和立法提案,实质是“工商业与人权”规范的欧盟版,具有区域法治规范效果外溢化和人权规则工具化的双重意涵。在制定和实施上述法规时,欧盟应当信守国际法基本原则,尊重联合国相关倡议的宗旨和精神,履行WTO关于发达成员不实施贸易壁垒的义务。在实践层面,欧盟新法规将提高发展中国家进入欧盟市场和全球供应链的成本,恶化发展中国家的外贸和就业环境,最终损害发展中国家劳工利益。对此,可采取以下对策:加强与欧盟沟通,要求欧盟克制贸易保护主义倾向,避免将人权法规工具化;主动对标高标准国际经贸规则、促进深层次改革,持续扩大法治保障下的高水平开放;加强对企业的合规指导,引导企业增强国际竞争力;针对欧盟相关法规及其实施造成的潜在不利影响,做好务实管用的预案,以预防风险。

工商业与人权视角下数字企业人权政策的实证研究

数字企业作为数字技术的开发者和海量数据的收集者、使用者,其运作容易带来隐私泄露、信息控制和算法歧视等人权风险。为推动数字企业落实尊重人权的责任,有必要对全球数字经济100强企业的人权政策展开分析。根据《工商企业与人权:实施联合国“保护、尊重和补救”框架指导原则》,是否承诺尊重国际人权标准、是否具备解决标准冲突规则、是否包含完整的人权尽职调查流程、是否设置完善的人权补救机制、是否明确适用范围和是否得到最高管理层的参与是检验人权政策是否完善的基本要件。通过考察发现,100强数字企业的人权政策在内容和形式上仍有待完善,主要体现为解决人权标准冲突规则的缺乏和适用范围的模糊。此外,数字企业人权政策在内容上呈现出关注产品未来的人权风险以及突出对隐私权和言论自由的保护及相关限制的特点。国家工商业与人权立法、国家政策的制定以及非政府组织运动在不同程度上影响着企业人权政策的制定,而拥有良好的人权政策还将有助于企业建立完善的报告及政策体系、提升企业效益并开展有效的人权补救行动。

价值回归背景下国际碳交易制度的完善

《巴黎协定》国际碳交易制度体现了环境价值、经济价值和社会价值相统一的多维价值目标,这是对《京都议定书》时期碳交易实践的价值纠偏,也是对制度初衷的价值回归。然而,价值实现的关键在于制度规范与价值目标的契合度。以“价值——原则——规则”作为分析框架,解析国际碳交易制度的功能价值,可知公平、环境完整性、人权保障和可持续发展应作为其核心原则。通过对国际碳交易规则与原则的匹配度检视,发现存在“国家自主贡献”的充分性和公平性评估机制缺失、资金和技术以及能力建设缺乏履约执行机制、人权保障和可持续发展原则存在“建设性模糊”、ITMOs实现核心原则具有不确定性等问题。故此,完善“国家自主贡献”的自证和跟踪机制、落实资金和能力建设支持机制、构建国际碳交易原则评估体系以及加强ITMOs规则的指导性是制度完善的有效路径。

工商业与人权视野下企业环境责任履行的激励机制研究

“企业中心主义”的环境责任理论难以为企业履行环境责任提供充分的内外驱动力,工商业与人权视角则会为要求和激励企业履行环境责任提供一种补充性理解,以及更强的理论和实践支撑。审视当前企业环境责任履行激励机制可以发现,其虽已经形成了若干实践形式,但仍然面临适用标准不完善、社会层面环保响应不到位及责任履行体系欠缺的问题。基于此,应当以人权理念、制度经验及相关规范性文件的实践为有益指引和参考,完善企业履责激励的适用标准,加强环境人权的社会化教育,健全企业环境人权的尽责体系。