Corporate Human Rights Violations

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Corporate Human Rights Violations

Stefanie Khoury,David Whyte
Corporate Human Rights Violations Book PDF

Author : Stefanie Khoury,David Whyte
Publisher : Taylor & Francis
Page : 210 pages
File Size : 42,7 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781317216063

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Corporate Human Rights Violations by Stefanie Khoury,David Whyte Pdf

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.

Corporate Human Rights Violations

Stefanie Khoury,David Whyte
Corporate Human Rights Violations Book PDF

Author : Stefanie Khoury,David Whyte
Publisher : Routledge
Page : 210 pages
File Size : 44,8 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781317216056

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Corporate Human Rights Violations by Stefanie Khoury,David Whyte Pdf

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.

Regulating Corporate Human Rights Violations

Surya Deva
Regulating Corporate Human Rights Violations Book PDF

Author : Surya Deva
Publisher : Routledge
Page : 298 pages
File Size : 48,7 Mb
Release : 2012
Category : Business & Economics
ISBN : 9780415668217

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Regulating Corporate Human Rights Violations by Surya Deva Pdf

The quest to establish an effective regulatory mechanism to ensure that corporations comply with human rights responsibilities has gained momentum in the last decade or so, however, despite these efforts, no robust regulatory mechanism is in sight to provide effective remedies to victims of corporate human rights abuses. Against this background this book provides a theoretical framework to overcome regulatory challenges experienced in holding multinational corporations (MNCs) accountable for violation of human rights.

Business and Human Rights

Nadia Bernaz
Business and Human Rights Book PDF

Author : Nadia Bernaz
Publisher : Taylor & Francis
Page : 314 pages
File Size : 54,5 Mb
Release : 2016-10-04
Category : Business & Economics
ISBN : 9781317233855

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Business and Human Rights by Nadia Bernaz Pdf

Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

Accountability and Corporate Human Rights Violations in Tort and International Law

Emmanuel K. Nartey
Accountability and Corporate Human Rights Violations in Tort and International Law Book PDF

Author : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 480 pages
File Size : 43,7 Mb
Release : 2021-10-04
Category : Law
ISBN : 9781527575752

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Accountability and Corporate Human Rights Violations in Tort and International Law by Emmanuel K. Nartey Pdf

This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

Business, Human Rights and Transitional Justice

Irene Pietropaoli
Business Human Rights and Transitional Justice Book PDF

Author : Irene Pietropaoli
Publisher : Routledge
Page : 240 pages
File Size : 41,6 Mb
Release : 2020-05-07
Category : Business & Economics
ISBN : 9781000066067

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Business, Human Rights and Transitional Justice by Irene Pietropaoli Pdf

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Business and Human Rights in Europe

Angelica Bonfanti
Business and Human Rights in Europe Book PDF

Author : Angelica Bonfanti
Publisher : Routledge
Page : 264 pages
File Size : 54,9 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780429811258

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Business and Human Rights in Europe by Angelica Bonfanti Pdf

Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Transnational Corporations and Human Rights

Gwynne L. Skinner
Transnational Corporations and Human Rights Book PDF

Author : Gwynne L. Skinner
Publisher : Cambridge University Press
Page : 199 pages
File Size : 49,9 Mb
Release : 2020-08-20
Category : Business & Economics
ISBN : 9781107199316

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Transnational Corporations and Human Rights by Gwynne L. Skinner Pdf

This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.

Regulating Corporate Human Rights Violations

Surya Deva
Regulating Corporate Human Rights Violations Book PDF

Author : Surya Deva
Publisher : Routledge
Page : 298 pages
File Size : 44,6 Mb
Release : 2012-05-04
Category : Business & Economics
ISBN : 9781136451164

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Regulating Corporate Human Rights Violations by Surya Deva Pdf

Despite the continuous addition of regulatory initiatives concerning corporate human rights responsibilities, what we witness more often than not is a situation of corporate impunity for human rights abuses. The Bhopal gas leak – examined as a site of human rights violations rather than as a mass tort or an environmental tragedy – illustrates that the regulatory challenges that the victims experienced in 1984 have not yet been overcome. This book grapples with and offers solutions to three major regulatory challenges to obligating companies to comply with human rights norms whilst doing business, and asks; why companies should adhere to human rights, what these responsibilities are, and how to ensure that companies comply with their responsibilities. Building on literature in the fields of law, human rights, business ethics, management, regulation and philosophy, this book proposes a new ‘integrated theory of regulation’ to overcome inadequacies of the existing regulatory framework in order to humanize business. This book will be of interest to scholars, students, researchers, policy makers and human rights activists working in the fields of Law, Business and Human Rights.

Human Rights Obligations of Business

Surya Deva,David Bilchitz
Human Rights Obligations of Business Book PDF

Author : Surya Deva,David Bilchitz
Publisher : Cambridge University Press
Page : 451 pages
File Size : 50,6 Mb
Release : 2013-11-21
Category : Business & Economics
ISBN : 9781107036871

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Human Rights Obligations of Business by Surya Deva,David Bilchitz Pdf

This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Human Rights and Corporations

David Kinley
Human Rights and Corporations Book PDF

Author : David Kinley
Publisher : Routledge
Page : 568 pages
File Size : 50,7 Mb
Release : 2009
Category : Business & Economics
ISBN : UOM:39015080815171

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Human Rights and Corporations by David Kinley Pdf

High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work.

Business and Human Rights

Dorothée Baumann-Pauly,Justine Nolan
Business and Human Rights Book PDF

Author : Dorothée Baumann-Pauly,Justine Nolan
Publisher : Routledge
Page : 261 pages
File Size : 48,6 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781317563921

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Business and Human Rights by Dorothée Baumann-Pauly,Justine Nolan Pdf

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions

Oyeniyi Abe
Implementing Business and Human Rights Norms in Africa Law and Policy Interventions Book PDF

Author : Oyeniyi Abe
Publisher : Routledge
Page : 192 pages
File Size : 40,7 Mb
Release : 2022-05-15
Category : Law
ISBN : 9781000588217

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Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions by Oyeniyi Abe Pdf

This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.

Accountability, International Business Operations and the Law

Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda
Accountability International Business Operations and the Law Book PDF

Author : Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda
Publisher : Routledge
Page : 299 pages
File Size : 50,5 Mb
Release : 2019-12-05
Category : Law
ISBN : 9781351127141

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Accountability, International Business Operations and the Law by Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda Pdf

A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Business and Human Rights

César Rodriguez-Garavito
Business and Human Rights Book PDF

Author : César Rodriguez-Garavito
Publisher : Cambridge University Press
Page : 221 pages
File Size : 41,7 Mb
Release : 2017-09-21
Category : Business & Economics
ISBN : 9781107175297

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Business and Human Rights by César Rodriguez-Garavito Pdf

Explores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles.