MODULE SPECIFICATION TEMPLATE MODULE DETAILS Module title Module code Credit value Level Mark the box to the right of the appropriate level with an ‘X’ Human Rights and Business LW368 20 Level 4 Level 5 Level 6 Level 0 (for modules at foundation level) X Level 7 Level 8 Entry criteria for registration on this module Pre-requisites Specify in terms of module codes or equivalent LW189 Law in Action OR LW212 Business Law OR LW272 Law for Marketing OR LW270 Corporate and Business Law Co-requisite modules Specify in terms of module codes or equivalent Module delivery Mode of delivery Taught Other X Distance Placement Pattern of delivery Weekly X Block Other Online When module is delivered Semester 1 Semester 2 Throughout year X Other Brief description of module This module examines the gap in human rights protection which derives content and/ or aims from the way the human rights legal regime has been built around state Overview (max 80 words) responsibility, leaving transnational corporations and other powerful businesses out of its framework. What should be done when it is businesses rather than state authorities which appear responsible in practice for breaching human rights law? Is accountability possible, and what form should it take? Module team/ author/ Marie-Benedicte Dembour coordinator(s) School Brighton Business School Site/ campus where Moulsecoomb delivered Course(s) for which module is appropriate and status on that course Course LLB (Hons) Law with Business LLB (Hons) Law with Criminology BSc (Hons) Business/Business Management BSc (Hons) Business with Marketing/Finance/Economics/HRM BSc (Hons) Business Management with Marketing/Finance/Economics/HRM BSc (Hons) International Business BA(Hons) Business Studies/Management/Pathways Module descriptor template: updated Aug 2012 Status (mandatory/ compulsory/ optional) Optional Optional Optional Optional Optional Optional Optional BSc (Hons) Accounting and Finance Optional MODULE AIMS, ASSESSMENT AND SUPPORT Aims Learning outcomes To develop an understanding of the relationship between human rights, international law and the state; To reflect about the governance gap, in particular as it arises from the role played by businesses in the economic, social and political world; To become acquainted with UN initiatives on human rights; To develop an understanding of the pros and cons of regulation versus voluntary codes of practice; To think about the link between business and justice/injustice. Learning outcomes On completion of this module students should be able to: Subject specific: Demonstrate an awareness of negative human rights repercussions of business conduct in a variety of settings; Demonstrate an understanding of the difficulties of making business accountable for human rights violations through legal mechanisms; Demonstrate a knowledge of the mechanisms developed by the UN in order to address possible violations of human rights by businesses; Demonstrate a critical understanding of the role played by voluntary codes of practice in regulating business conduct; Demonstrate a critical understanding of the possibilities of using domestic systems in order to force accountability onto businesses. Discuss the role of the state in the contemporary world; Demonstrate an ability to reflect upon the relationship between law, politics and capitalist interests. Cognitive: Content Read and extract information and organise personal thought; Provide reasoned arguments based on an informed understanding of key facts and issues; Demonstrate an appreciation that different academic disciplines approach the same topic differently; Demonstrate an understanding of what a critical assessment involves; Use reflection to provide a critical argument. The organisation of the module and topics covered are expected to vary from year to year. However, the following concepts will be covered: The structure of human rights law and the governance gap Intergovernmental initiatives, including John Ruggie’s Guiding Principles on Business and Human Rights Module descriptor template: updated Aug 2012 Domestic laws, including incentive, coercive and facilitative mechanisms Corporate Social Responsibility Business ethics Learning support Books: The latest editions of: Amao, Olufemi, Corporate Social Responsibility, Human Rights and the law: Multinational Corporations in Developing Countries (Routledge) Brautigam, Deborah, The Dragon’s Gift: The Real Story of China in Africa (OUP). Cernic, Jernej Letnar, Human Rights Law and Business: Corporate Responsibility for Fundamental Human Rights (Europa Law Publishing). Deva, Surya and David Bilchitz (eds), Human Rights Obligations of Business: Beyond the Corporate Responsibility to Respect (CUP). Joseph, Sarah. Corporations and Transnational Human Rights Litigation (Hart). McBarnet, Doreen and Aurora Voiculescu and Tom Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law (OUP). McBeth, Adam. International Economic Actors and Human Rights (Routledge). McPhail, Ken and Diane Walters. Accounting and Business Ethics (Routledge). Nissanke, Machiko and Erik Thorbeke (eds), The Poor Under Globalization in Asia, Latin America, and Africa (OUP) Simons, Penelope and Audrey Macklin, The Governance Gap: Extractive industries, human rights, and the home state advantage (Routledge). Tully, Stephen (ed.) Research Handbook on Corporate Legal Responsibility (Edward Elgar). Zerk, Jennifer A. Multinationals and Corporate Social Responsibility: Limitations and Opportunities in International Law (CUP). Periodicals and Journals: Module descriptor template: updated Aug 2012 Human Rights Quarterly European Business Organization Law Review (CUP) Business and Society (Sage) Corporate Governance (Emerald) Corporate Governance: An International Review (Wiley-Blackwell) Journal of Business Ethics (Springer) International Affairs Human Rights Law Review Electronic resources: Westlaw Blogs: http://kluwercompetitionlawblog.com Teaching and learning activities Details of teaching and learning activities The module will be taught through weekly two-hour seminars. The students will be expected to have read the assigned reading and answered both knowledge and reflective questions in advance of each seminar. There will be a lot of group work during the seminars, which will then be shared, in order to check knowledge and advance individual reflection. Allocation of study hours (indicative) Study hours Where 10 credits = 100 learning hours SCHEDULED This is an indication of the number of hours students can expect to spend in scheduled teaching activities including lectures, seminars, tutorials, project supervision, demonstrations, practical classes and workshops, supervised time in workshops/ studios, fieldwork, external visits, and work-based learning. 40 GUIDED INDEPENDENT STUDY All students are expected to undertake guided independent study which includes wider reading/ practice, follow-up work, the completion of assessment tasks, and revisions. 160 PLACEMENT The placement is a specific type of learning away from the University that is not work-based learning or a year abroad. TOTAL STUDY HOURS 200 Assessment tasks Details of assessment for this module A portfolio (consisting of media and blog clippings + reflections of up to 1,250 words) and a two-hour unseen exam Types of assessment task1 % weighting Indicative list of summative assessment tasks which lead to the award of credit or which are required for progression. (or indicate if component is pass/fail) WRITTEN Written exam 50 COURSEWORK Written assignment/ essay, report, dissertation, portfolio, project output, set exercise 50 1 Set exercises, which assess the application of knowledge or analytical, problem-solving or evaluative skills, are included under the type of assessment most appropriate to the particular task. Module descriptor template: updated Aug 2012 PRACTICAL Oral assessment and presentation, practical skills assessment, set exercise EXAMINATION INFORMATION Area examination board Law Refer to Faculty Office for guidance in completing the following sections External examiners Name Position and institution Date appointed Date tenure ends Refer to Studentcentral QUALITY ASSURANCE Date of first approval Only complete where this is not the first version Date of last revision Only complete where this is not the first version Date of approval for this version March 2014 Version number 1 Modules replaced Specify codes of modules for which this is a replacement Available as free-standing module? Module descriptor template: updated Aug 2012 Yes No x