Responsible Disengagement in a High-Risk Context
(2023) JAMM07 20231Department of Law
Faculty of Law
- Abstract
- This thesis delves into the intricate challenges surrounding responsible disengagement in high-risk contexts, exploring its potential to minimize human rights harms resulting from business withdrawal in such settings. The study meticulously scrutinizes legal understandings of high-risk contexts, focusing on defining circumstances where severe human rights impacts are probable, including armed conflict, fragile states, and other factors linked to direct business activities. The research reveals a critical gap in legal provisions, necessitating heightened human rights due diligence to mitigate potential violations during withdrawal, especially in ambiguous and complex high-risk environments.
Addressing the complexity of disengagement, the... (More) - This thesis delves into the intricate challenges surrounding responsible disengagement in high-risk contexts, exploring its potential to minimize human rights harms resulting from business withdrawal in such settings. The study meticulously scrutinizes legal understandings of high-risk contexts, focusing on defining circumstances where severe human rights impacts are probable, including armed conflict, fragile states, and other factors linked to direct business activities. The research reveals a critical gap in legal provisions, necessitating heightened human rights due diligence to mitigate potential violations during withdrawal, especially in ambiguous and complex high-risk environments.
Addressing the complexity of disengagement, the study delves into the question of whether corporations can exit responsibly without exacerbating the high-risk context or human rights impacts. It critically evaluates international frameworks, such as the UN Guiding Principles and OECD Guidelines for Multinational Enterprises, to determine their effectiveness and practical application in responsible disengagement. The analysis sheds light on the lack of explicit thresholds for severity that would compel disengagement, leading to corporate discretion and potential inconsistencies in decision-making.
Furthermore, the study grapples with the delicate balance between transparency and confidentiality during disengagement processes, especially when public disclosure might jeopardize stakeholders' interests. The research underscores the need for coherent strategies and legally binding obligations, offering insights into how such regulations can be designed to promote responsible disengagement while considering corporate, social, and legal dimensions. The case of Telenor Myanmar serves as a critical focal point, illustrating both successful approaches and inadequacies in responsible disengagement.
By critically examining these issues, this thesis calls for a comprehensive review of international norms and national legislations to bridge the gap between theoretical frameworks and practical implementation. It advocates for a holistic approach that integrates responsible disengagement seamlessly into international business practices, safeguarding human rights and ensuring ethical conduct even in the most challenging and volatile contexts. (Less) - Popular Abstract
- Ever wondered how companies can leave a troubled country without making things worse? This research explored just that. Picture a company leaving a nation in turmoil, and the potential harm it might cause — this study dug deep into the legal complexities and ethical dilemmas surrounding such exits. But what laws guide businesses here?
The study found a crucial gap: the rules are vague when it comes to defining these high-risk zones. And when companies try to exit responsibly, it's a tightrope walk between sharing enough information and protecting business secrets. Transparency vs. confidentiality — it's a tough call.
A real-life case in point was Telenor leaving Myanmar, but was it a smooth exit? Not quite. The study delved into how... (More) - Ever wondered how companies can leave a troubled country without making things worse? This research explored just that. Picture a company leaving a nation in turmoil, and the potential harm it might cause — this study dug deep into the legal complexities and ethical dilemmas surrounding such exits. But what laws guide businesses here?
The study found a crucial gap: the rules are vague when it comes to defining these high-risk zones. And when companies try to exit responsibly, it's a tightrope walk between sharing enough information and protecting business secrets. Transparency vs. confidentiality — it's a tough call.
A real-life case in point was Telenor leaving Myanmar, but was it a smooth exit? Not quite. The study delved into how Telenor's exit could have been more thoughtful.
This thesis doesn't just point out the problems; it suggests a roadmap. It calls for clear, practical rules so that when companies leave, they don't leave a mess behind. Imagine a world where businesses exit responsibly, considering the people and places they leave behind. That's the vision. So, let's set the rules, let's make responsible exits a reality. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9138899
- author
- Olmezov, Kirill LU
- supervisor
- organization
- course
- JAMM07 20231
- year
- 2023
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- responsible business conduct, corporate social responsibility, sustainability, business and human rights, human rights due diligence, international law, corporate human rights obligations, high-risk, UNGP, OECD
- language
- English
- id
- 9138899
- date added to LUP
- 2023-09-22 17:31:33
- date last changed
- 2023-09-22 17:31:33
@misc{9138899,
abstract = {{This thesis delves into the intricate challenges surrounding responsible disengagement in high-risk contexts, exploring its potential to minimize human rights harms resulting from business withdrawal in such settings. The study meticulously scrutinizes legal understandings of high-risk contexts, focusing on defining circumstances where severe human rights impacts are probable, including armed conflict, fragile states, and other factors linked to direct business activities. The research reveals a critical gap in legal provisions, necessitating heightened human rights due diligence to mitigate potential violations during withdrawal, especially in ambiguous and complex high-risk environments.
Addressing the complexity of disengagement, the study delves into the question of whether corporations can exit responsibly without exacerbating the high-risk context or human rights impacts. It critically evaluates international frameworks, such as the UN Guiding Principles and OECD Guidelines for Multinational Enterprises, to determine their effectiveness and practical application in responsible disengagement. The analysis sheds light on the lack of explicit thresholds for severity that would compel disengagement, leading to corporate discretion and potential inconsistencies in decision-making.
Furthermore, the study grapples with the delicate balance between transparency and confidentiality during disengagement processes, especially when public disclosure might jeopardize stakeholders' interests. The research underscores the need for coherent strategies and legally binding obligations, offering insights into how such regulations can be designed to promote responsible disengagement while considering corporate, social, and legal dimensions. The case of Telenor Myanmar serves as a critical focal point, illustrating both successful approaches and inadequacies in responsible disengagement.
By critically examining these issues, this thesis calls for a comprehensive review of international norms and national legislations to bridge the gap between theoretical frameworks and practical implementation. It advocates for a holistic approach that integrates responsible disengagement seamlessly into international business practices, safeguarding human rights and ensuring ethical conduct even in the most challenging and volatile contexts.}},
author = {{Olmezov, Kirill}},
language = {{eng}},
note = {{Student Paper}},
title = {{Responsible Disengagement in a High-Risk Context}},
year = {{2023}},
}