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Chapter 1 provides background by introducing concepts of Confucianism and Confucian culture, and by emphasizing the diversity of the Confucian tradition as it evolved in different countries. It is suggested that approaches to competition law and policy in East Asian countries should be shaped and implemented in ways that respond adaptively and strategically to cultural factors. The characteristics of East Asian firms should also be taken into account for purposes of competition law and policy, not merely in the sense that particular vigilance is required, but also because it underlines the need for proactive and creative efforts to change cultural attitudes. The chapter suggests that existing attitudes and mental frames are not always aligned with the legal rules that appear on the books, and they may impede the emergence of cultural pre-conditions that could support or catalyse desirable legal and behavioural change. The chapter describes the various dimensions of Confucian cultural influences that are discussed in the substantive chapters of the book; and it outlines the structure of the book.
This chapter deals with the implementation of corporate human rights responsibility. It introduces human rights due diligence (HRDD) as a legal standard and managerial process. It outlines the elements of a HRDD process, consisting of the identification of human rights impacts, responding to the impacts, tracking the responses, and reporting on their effectiveness. A number of specific tools are touched on, such as human rights policy commitments, human rights impact assessments, operational-level grievance mechanisms, and human rights measurement and performance indicators. The chapter also engages with the requirement of effective remediation of negative human rights impacts. Some common implementation challenges and criticisms of HRDD are discussed. In a final step, the chapter reflects on what else corporations ought to do beyond HRDD to truly organize for human rights. Particular attention is given to fostering rights-respecting business cultures. Topics addressed in this regard range from responsible leadership to value-based recruiting practices to the importance of incentives and remuneration.
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