Essay Laws 4601: Transnational Law and Human Rights – Essay Writing – Law Assignment Help

Assignment Task:

INSTRUCTIONS:
This essay is worth 35% of your final grade. It is due on or before 17 April 2020 via CU Learn. I am prepared to read drafts (up to 3-4 pages) of your assignment if you wish and if you upload your draft before 9 April.
 
Choose ONEof the questions below for your final essay. You DO NOT need to answer both.

Read the questions carefully. They ask for an analytical, in-depth discussion of select course readings. Your essay should reflect a depth of reading and understanding of those articles, but you can also draw from other course readings, discussions, material to inform your discussion. Your mark will reflect your indepth reading and understanding of these articles, your ability to connect the authors’ arguments and analyses to the course themes, your ability to connect the arguments in each piece with the arguments in the other (ie to put the articles ‘in conversation’ with each other), and, of course, clarity of writing and structure.
 
Avoid unnecessary and gratuitous reproduction of information.

Your essay should be about7-10 double-spaced, typed pages

Question 1. 
GalitSarfaty (2015, 421) argues that “while outsourcing regulation to companies is a means by which states can indirectly regulate firms in other countries, this practice raises accountability concerns when private actors are performing functions that are fundamentally public “. Gua?queta (2013, 130-1), meanwhile, paints a more optimistic picture of multinational corporations “acquiring new political roles … such as holding public security forces and governments accountable and contributing to build democratic institutions in developing countries. These political roles involve the diffusion of norms on human rights, transparency, accountability and participation referred to here as ‘democratic norms’”

Explore the central arguments, areas of focus and different concerns raised by each author. How would you explain what seems to be differences in their views on the roles of corporations in addressing human rights abuses linked to transnational business conduct? 

OR

Question 2.
Gerard Ruggie, a Harvard University Professor and the United Nations Secretary-General Special Representative for business and human rights, explains (2017) that in drafting the Guiding Principles on Business and Human Rights, he took the view that the issue was so complex it required novel forms of governance.  States, he said, can no longer “do all the heavy lifting required to meet most pressing society challenges” and that “other actors” are needed to work with the state to address complex problems (2017, 8-9). He defined the result as “polycentric governance.” That is, modes of governance “responsive” to issues, and involving “informal cooperation, public-private partnerships and multi-stakeholder processes” (2017, 9). 

Transparency and the involvement of different stakeholders (nongovernmental organizations, civil society actors and, of course, the private sector and corporations specifically) are often central to many of the new governance arrangements we looked at in this course. So too are processes where corporations must conduct risk assessments of their operations and make these reports publicly available. 

What concerns do you think Genevieve Lebaron and Jane Lister in their article, and James Van Alstine in his short review, might raise about “poly centric governance” and transparency as techniques for addressing human rights linked to transnational business processes?