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Author : Anonim
Publisher : Eric Engle
Page : 128 pages
File Size : 40,7 Mb
Release : 2006
Category : Electronic
ISBN : 8210379456XXX
Author : Efstathios K. Banakas
Publisher : Wildy, Simmonds & Hill Publishing
Page : 0 pages
File Size : 41,8 Mb
Release : 2011
Category : Civil law
ISBN : 0854900918
This book is a collection of papers, revised and updated by their authors, originally presented at the Journal of Comparative Law Workshop on Global Wrongs and Private Law Remedies and Procedures that took place in London in July 2009. The essays look at a variety of global issues of individual, communal and social justice and the increasing role of private law remedies and procedures in addressing Global Wrongs, broadly defined as violations of personal or communal interests, whether already protected by domestic or international law, or emerging for protection for the first time in the dynamic of global communication, legal pluralism and the global exchange of ideas and values. Global wrongs are either international or transnational, such as harm that geographically transcends domestic jurisdictional frontiers, or for which domestic courts claim universal jurisdiction, or local, but common to several jurisdictions. The authors examine the role of private law in dealing with them in several different jurisdictions, including China, and draw important conclusions for global legal enforcement and legal development.
Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 43,5 Mb
Release : 2013
Category : Law
ISBN : 9781107012776
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author : Cordula Dröge
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2006
Category : Government liability (International law)
ISBN : 9290371064
Author : Jennifer A. Zerk
Publisher : Cambridge University Press
Page : 14 pages
File Size : 45,9 Mb
Release : 2006-11-09
Category : Law
ISBN : 9781139459853
The 'corporate social responsibility' ('CSR') movement has been described as one of the most important social movements of our time. This book looks at what the CSR movement means for multinationals, for states and for international law. International law is often criticized for being too 'state-centred', and ill-equipped to deal with the challenges of globalization. However, drawing from many and varied examples of state, NGO and corporate practice, this 2006 book argues that, while international law has its limitations, it presents more opportunities for the CSR regulation of multinationals than many people assume. The main obstacles to better regulation are, therefore, not legal, but political.
Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2011
Category : Political Science
ISBN : 9211542014
"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.
Author : Lee James McConnell
Publisher : Taylor & Francis
Page : 276 pages
File Size : 47,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317220572
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.
Author : Carlos Esplugues Mota,José Luis Iglesias Buhigues,Guillermo Palao Moreno
Publisher : Walter de Gruyter
Page : 445 pages
File Size : 43,5 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539129
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Author : Fons Coomans,Menno T. Kamminga
Publisher : Intersentia nv
Page : 295 pages
File Size : 49,5 Mb
Release : 2004
Category : Exterritoriality
ISBN : 9789050953948
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
Author : Juan José Álvarez Rubio,Katerina Yiannibas
Publisher : Taylor & Francis
Page : 159 pages
File Size : 54,6 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781351979153
The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Author : Stuart Casey-Maslen,Andrew Clapham,Gilles Giacca,Sarah Parker
Publisher : Oxford University Press
Page : 545 pages
File Size : 41,7 Mb
Release : 2016
Category : Law
ISBN : 9780198723523
The Arms Trade Treaty is the first universal disarmament treaty to control the export and import of all conventional arms. This commentary describes each provision of the Treaty, how it was negotiated, and the key challenges to its implementation.--
Author : Ekaterina Aristova,Ugljesa Grusic
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 44,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509947614
What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 49,8 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780521844017
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author : Michael J. Glennon,Robert D. Sloane
Publisher : Oxford University Press
Page : 304 pages
File Size : 44,8 Mb
Release : 2016-04-15
Category : Law
ISBN : 9780199355907
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Author : Teresa Scassa,Michael Eugene Deturbide
Publisher : CCH Canadian Limited
Page : 548 pages
File Size : 53,6 Mb
Release : 2004
Category : Electronic commerce
ISBN : 1553673700
