Claire Methven O’brien
Biographic Data
| ID | 4171468 |
|---|---|
| NAME | Claire Methven O’brien |
| GIVEN NAMES | Claire Methven |
| FAMILY NAME | O’brien |
| SIGNATURE | O’BRIEN C M |
| AFFILIATIONS | Danish Institute for Human Rights |
| ORCID | 0000-0002-3225-7033 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 15 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
National Action Plans on Business and Human Rights
National Action Plans (NAPs) on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmet…
Confronting the Constraints of the Medium
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
Transcending the Binary
Achieving respect for human rights by businesses requires not making the "right" choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date
Business and Human Rights
The ‘business and human rights’ (BHR) field emerged amidst concerns over the adequacy of national legal systems and institutions in addressing human rights impacts of global market integration. BHR relies on governance networks and advocacy that transcend a ‘national’ paradigm. Yet BHR norms and initiatives remain anchored in national governmental entities and processes. BHR thus prompts reflection on the coherence and relevance of ‘domestic inst…
The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad
Scholars have suggested that ‘home’ states of transnational corporations (TNCs) have a legal duty to protect against human rights abuses occurring in ‘host’ states that may be breached by failure to regulate TNCs’ extraterritorial activities. This article challenges the claim that such a duty of home states to regulate TNCs’ extraterritorial human rights impacts can be said currently to exist as a matter of law. The article first summarizes the g…
Advancing Respect for Labour Rights Globally through Public Procurement
Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers’ rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addre…
Empty Rituals or Workable Models? Towards a Business and Human Rights Treaty
Within the still-emerging field of business and human rights (‘BHR’), the question of whether a treaty is required in order meaningfully to address BHR ‘governance gaps’ is one that is attracting renewed advocacy, commentary and diplomatic activity. By contrast, when the United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘UNGPs’) were first adopted in 2011, the balance of opinion amongst duty-bearers appears to have been that …
National Action Plans
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
Reform of UN Human Rights Treaty Monitoring Bodies
The UN human rights treaty monitoring system has developed over some 40 years. Today, there are seven treaties, each with its own monitoring body,2 with three more such bodies forthcoming.3 Whilst initially not expected to perform an evaluative function, the treaty bodies now contribute significantly to the promotion of States Parties’ compliance with treaty obligations. The value of their work in elaborating the substantive content of the treati…
The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad
Scholars have suggested that ‘home’ states of transnational corporations (TNCs) have a legal duty to protect against human rights abuses occurring in ‘host’ states that may be breached by failure to regulate TNCs’ extraterritorial activities. This article challenges the claim that such a duty of home states to regulate TNCs’ extraterritorial human rights impacts can be said currently to exist as a matter of law. The article first summarizes the g…
National Action Plans on Business and Human Rights
National Action Plans (NAPs) on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmet…
National Action Plans
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
Transcending the Binary
Achieving respect for human rights by businesses requires not making the "right" choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date
Business and Human Rights
The ‘business and human rights’ (BHR) field emerged amidst concerns over the adequacy of national legal systems and institutions in addressing human rights impacts of global market integration. BHR relies on governance networks and advocacy that transcend a ‘national’ paradigm. Yet BHR norms and initiatives remain anchored in national governmental entities and processes. BHR thus prompts reflection on the coherence and relevance of ‘domestic inst…
Advancing Respect for Labour Rights Globally through Public Procurement
Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers’ rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addre…
Empty Rituals or Workable Models? Towards a Business and Human Rights Treaty
Within the still-emerging field of business and human rights (‘BHR’), the question of whether a treaty is required in order meaningfully to address BHR ‘governance gaps’ is one that is attracting renewed advocacy, commentary and diplomatic activity. By contrast, when the United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘UNGPs’) were first adopted in 2011, the balance of opinion amongst duty-bearers appears to have been that …
Reform of UN Human Rights Treaty Monitoring Bodies
The UN human rights treaty monitoring system has developed over some 40 years. Today, there are seven treaties, each with its own monitoring body,2 with three more such bodies forthcoming.3 Whilst initially not expected to perform an evaluative function, the treaty bodies now contribute significantly to the promotion of States Parties’ compliance with treaty obligations. The value of their work in elaborating the substantive content of the treati…
Reform of UN Human Rights Treaty Monitoring Bodies
The UN human rights treaty monitoring system has developed over some 40 years. Today, there are seven treaties, each with its own monitoring body,2 with three more such bodies forthcoming.3 Whilst initially not expected to perform an evaluative function, the treaty bodies now contribute significantly to the promotion of States Parties’ compliance with treaty obligations. The value of their work in elaborating the substantive content of the treati…
National Action Plans
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
Advancing Respect for Labour Rights Globally through Public Procurement
Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers’ rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addre…
Empty Rituals or Workable Models? Towards a Business and Human Rights Treaty
Within the still-emerging field of business and human rights (‘BHR’), the question of whether a treaty is required in order meaningfully to address BHR ‘governance gaps’ is one that is attracting renewed advocacy, commentary and diplomatic activity. By contrast, when the United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘UNGPs’) were first adopted in 2011, the balance of opinion amongst duty-bearers appears to have been that …
The Home State Duty to Regulate the Human Rights Impacts of TNCs Abroad
Scholars have suggested that ‘home’ states of transnational corporations (TNCs) have a legal duty to protect against human rights abuses occurring in ‘host’ states that may be breached by failure to regulate TNCs’ extraterritorial activities. This article challenges the claim that such a duty of home states to regulate TNCs’ extraterritorial human rights impacts can be said currently to exist as a matter of law. The article first summarizes the g…
Business and Human Rights
The ‘business and human rights’ (BHR) field emerged amidst concerns over the adequacy of national legal systems and institutions in addressing human rights impacts of global market integration. BHR relies on governance networks and advocacy that transcend a ‘national’ paradigm. Yet BHR norms and initiatives remain anchored in national governmental entities and processes. BHR thus prompts reflection on the coherence and relevance of ‘domestic inst…
Confronting the Constraints of the Medium
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
Transcending the Binary
Achieving respect for human rights by businesses requires not making the "right" choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date
National Action Plans on Business and Human Rights
National Action Plans (NAPs) on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmet…
Political science (9 works) · Human rights (8 works) · Law (8 works) · Corporate Law and Human Rights (7 works) · Business (6 works) · Law (6 works) · Law and economics (6 works) · Sociology (6 works) · Corporate governance (4 works) · Economics (4 works)