Browsing by Author "Nissen, Aleydis"

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Better Together: A Complementary Approach to Civil Judicial Remedies in Business and Human Rights
(2018) Nissen, Aleydis
"Effective civil judicial remedies are often inaccessible to victims of transnational corporations (TNCs) from economically developed states that operate in developing or emerging states. The general consensus is that local capacity development is the most practical solution. The alternative solution—opening the doors of courts to victims in other states (including TNC home states)—is often said to be illusory. At the 2017 Discussion Day on Business and Human Rights, organized by the United Nations Committee on Economic, Social and Cultural Rights (CESCR), one invited speaker went as far as stating that extraterritorial remedies would only result in victims’ disappointment. There is, however, an inconsistency in this argument. Extraterritorial remedies are still important in dealing with current issues. This article weighs the arguments and makes the case for a mixed approach consisting of both local and extraterritorial capacity development."
Can WTO Member States Rely on Citizen Concerns to Prevent Corporations from Importing Goods Made from Child Labour?
(2018) Nissen, Aleydis
"There has been a polarised debate on the desirability of import restrictions to increase corporate accountability for child labour that occurs in global supply chains. Some scholars have indicated that states in favour of imposing import restrictions could sidestep this debate relying upon the perceptions that people in the importing market might have. They have based this argument on the case law of the World Trade Organization’s Dispute Settlement Mechanism (WTO DSM). The attitude-behaviour gap has, however, been largely overlooked in their analyses. This behavioural phenomenon provides an explanation as to why there is an inconsistency between what people value or believe and what they actually do. This essay revisits the WTO DSM's case law in order to determine whether such values or beliefs might justify import restrictions. On balance, this essay finds that the WTO DSM has not sufficiently taken the attitude-behaviour gap into account in its interpretation of Article III(4) and Article XX(a) 1994 General Agreement on Tariffs and Trade (GATT)."
Case Study Research in Kenya and South Korea: Reflexivity and Ethical Dilemmas
(2022) Nissen, Aleydis
"Reflexivity increases the reliability of qualitative research studies and can fuel conversations as to how field researchers make judgments of complex challenges that are simultaneous of a practical, scientific and ethical nature. In this paper, I will reflect on the collection of empirical data for two case studies on the role of the European Union in the regulation and remediation of labour rights violations in the Kenyan floriculture industry and the South Korean electronics industry. This paper has two intertwined objectives. First, this paper explores reflexivity on my research experience and the use of methods in empirical fieldwork. Second, this paper questions the Anglo-American elements of my research, which had been reinforced by my School’s Research Ethics Committee. I explain how the contexts of research institutions and research participants can starkly differ and may not always be attuned to each other. I suggest that awareness of and training in 'positive ethics' might be useful to deal with such issues."
The European Union as a Manager of Global 'Business and Human Rights' Regulation: Country-by-Country Reporting Rules
(2019) Nissen, Aleydis
"The European Union’s 2013 Country-by-Country Reporting (CBCR) rules bring within the public domain information on corporate payments made to governments all over the world for the purpose of exploiting natural resources in the oil, gas, mining and logging sectors. In so doing, the CBCR rules enhance transparency in these sectors and aim to reduce tax avoidance and corruption in resource-rich countries. Arguably, they also contribute to the European Commission’s long-term strategy to secure sustained access to raw materials in the European Economic Area. The CBCR rules represent one of the only three binding regulatory frameworks that have been adopted at the EU level to implement the 2011 UN Guiding Principles on Business and Human Rights. Just as with the two other initiatives that came into existence (the Non- Financial Reporting Directive and the Conflict Minerals Regulation), the immediate impact on the competitiveness of corporations based in the EU was a key concern during the legislative process. This article uncovers the two strategies that were employed to overcome such concern and give the CBCR rules a ‘global’ character."