Corporate Human Rights Violations
Corporate Human Rights Violations

Author: Stefanie Khoury

Publisher: Routledge

Published: 2016-12-08

Total Pages: 381

ISBN-13: 1317216059

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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.

Accountability, International Business Operations and the Law
Accountability, International Business Operations and the Law

Author: Liesbeth Enneking

Publisher: Routledge

Published: 2019-12-05

Total Pages: 299

ISBN-13: 1351127144

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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.

The Accountability of Multinational Corporations for Human Rights Violations
The Accountability of Multinational Corporations for Human Rights Violations

Author: Paul Kenneth Kinyua

Publisher:

Published: 2010

Total Pages: 0

ISBN-13:

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The primary question that this research aims to answer is: how effective are the emergent norms and mechanisms to hold MNCs accountable for human rights violations, especially with regard to accountability for violations of economic, social and cultural rights in developing countries? The research begins by recalling the original basis of human rights and traces it to human suffering. Relying on the works of Hannah Arendt and Anna Grear, it is argued human that rights ought to be understood as intertwined with human embodiment and vulnerability. The research analyses economic, social and cultural rights (ESCR) as a sub-species of human rights and discusses the type of obligations they create. By showing that violations of economic, social and cultural rights are violative of human embodiment in addition to other attributes of human well-being, the research argues for the extension of crimes against international law to include ESCR violations. The research discusses several mechanisms of holding multinational corporations accountable for violations of economic, social and cultural rights. By reviewing the the United Nations' Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (the UN Norms) it is demonstrated that the emergence of human rights as a referential standard for the regulation of corporate conduct is a relatively recent development in the contestation of different corporate regulatory orders; from a shareholder-centric (corporate law) model to a people-centred (human rights) model. The research focuses primarily upon the following mechanisms of corporate control; States' responsibility to protect human rights, the UN Norms, extraterritorial litigation of human rights and the Doctrine of State Responsibility for Internationally Wrongful Acts. By critically examining these norms and mechanisms to regulate multinational corporations (MNCs), the research evaluates their potential to protect economic, social and cultural rights in developing countries.

Human Rights and Corporations
Human Rights and Corporations

Author: David Kinley

Publisher: Routledge

Published: 2017-05-15

Total Pages: 565

ISBN-13: 1351929623

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The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. 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. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.

Corporate Social Responsibility, Human Rights and the Law
Corporate Social Responsibility, Human Rights and the Law

Author: Olufemi Amao

Publisher: Routledge

Published: 2011-05-05

Total Pages: 326

ISBN-13: 1136715894

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The control of multinational corporations is an area of law that has attracted immense attention both at national and international level. In recognition of the importance of the subject matter, the United Nations Secretary General has appointed a special representative to work in this area. The book discusses the current trend by MNCs to self regulate by employing voluntary corporate social responsibility (CSR) strategy. Olufemi Amao argues that the CSR concept is insufficient to deal with externalities emanating from MNCs’ operations, including human rights violations. Amao maintains that for CSR to be effective, the law must engage with the concept. In particular, he examines how the law can be employed to achieve this goal. While noting that the control of MNCs involves regulation at the international level, it is argued that more emphasis needs to be placed on possibilities at home, in States and host States where there are stronger bases for the control of corporations. This book will be useful to academic scholars, students, policy makers in developing countries, UN, UN Agencies, the African Union and its agencies, the European Union and its agencies and other international policy makers.

Business and Human Rights
Business and Human Rights

Author: Nadia Bernaz

Publisher: Taylor & Francis

Published: 2016-10-04

Total Pages: 326

ISBN-13: 1317233859

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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.