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Business and Human Rights in Asia: Duty of the State to Protect edited by James GOMEZ and Robin RAMCHARAN. London, New York and Shanghai: Palgrave Macmillan Singapore, 2021. xxv + 272 pp. Hardcover: €99.99; eBook: €85.59. doi: 10.1007/978-981-15-7273-9

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Business and Human Rights in Asia: Duty of the State to Protect edited by James GOMEZ and Robin RAMCHARAN. London, New York and Shanghai: Palgrave Macmillan Singapore, 2021. xxv + 272 pp. Hardcover: €99.99; eBook: €85.59. doi: 10.1007/978-981-15-7273-9

Published online by Cambridge University Press:  06 December 2021

Jernej Letnar ČERNIČ*
Affiliation:
Nova univerza, Ljubljana, Slovenia
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Abstract

Type
Book Review
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press

Business and human rights discourse has, in the last decade, advanced to the centre of global debates on the protection of the dignity of rights-holders with an evolving focus on Asia. This monograph critically evaluates the state of business and human rights in Asia, particularly from the perspective of the responsibilities and obligations of states. It is edited by James Gomez and Robin Ramcharan, from the Asia Centre in Bangkok, which is one of the leading civil society organisations in Southeast Asia. The book is divided into three parts with thirteen chapters, each of which are written by experts from an array of business and human rights backgrounds in the region.

The editors wisely follow a mixture of substantive and geographical approaches to business and human rights. In the first part, Michael White discusses in Chapter 2 the development of national actions plans on business and human rights in Asia. Thereafter, James Gomez and Robin Ramcharan highlight the traits, impacts, and deficiencies of national action plans on business and human rights. In the second part, Nukila Evanty and Nurul Ghufron explore business and human rights in Indonesia, and argue for normative reforms. In the following chapter, Saul Takahashi critiques business and human rights frameworks in Japan and argues for a more binding approach. In Chapter 6, through an examination of cases from Japan and Western Australia, Matthew Storey provides an account of the deficit of the free, prior, and informed consent of indigenous peoples in extractive industries. In Chapter 7, Hanh Nguyen, Min Zar Ni Lin, and Samukelisiwe Ngwenya examine the right to a minimum wage and its impact on the labour market in Myanmar. Further, in Chapter 8, Iman Prihandono and Fajri Hayu Religi debate access to remedy frameworks in Indonesia concerning business-related human rights abuses. In Chapter 9, Socheata Sao addresses the judicial and non-judicial avenues available to rights holders to enforce corporate and state responsibility for alleged land grabbing in the ASEAN member states. Lastly, the third part employs an innovative approach to business and human rights in Asia. In Chapter 10, Jonathan Woodier and Andreas Zingerle critically assess several business and human rights challenges in a smart city in the Republic of Korea. In Chapter 11, Daniel Polomski, Emily Klukas, and Matthew Mullen provide an empirical account of ethical consumptions and investigate whether consumers can bring about change in Southeast Asia.

This book discusses different case studies and provides a critical analysis of existing normative frameworks on state obligations to protect human rights together with both theoretical and practical perspectives. On the one hand, it demonstrates the concerns and plight of ordinary rights holders who have often suffered the negative impacts of business-related human rights abuses. On the other hand, it theoretically scrutinizes how states should move forward to advance business and human rights in Asia. As this book employs both bottom-up and top-down approaches, it fits nicely in the debates on recent developments in Asia, which has witnessed the adoption of national action plans on business and human rights in Thailand, Japan, and most recently in Pakistan. This book is a particularly helpful reference tool for Asian academia, civil society, and those who not only aim to work in the field of business and human rights, but who also wish to live in societies where businesses are required to pay attention to human rights, the environment, and good governance.

Footnotes

This article has been updated since original publication and the error rectified in online PDF and HTML versions. A notice detailing the changes has also been published at https://doi.org/10.1017/S2044251322000078.