Achieving Access to Justice in a Business and Human Rights Context
Author: Virginie Rouas
Publisher:
Published: 2022
Total Pages: 0
ISBN-13: 9781911507277
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Author: Virginie Rouas
Publisher:
Published: 2022
Total Pages: 0
ISBN-13: 9781911507277
DOWNLOAD EBOOKAuthor: Juan José Álvarez Rubio
Publisher: Routledge
Published: 2017-01-20
Total Pages: 155
ISBN-13: 1351979140
DOWNLOAD EBOOKThe 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: Leonardo de Oliveira
Publisher: Kluwer Law International
Published: 2020-11-17
Total Pages: 368
ISBN-13: 9789403506913
DOWNLOAD EBOOKAccess to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author: Stefanie Khoury
Publisher: Routledge
Published: 2016-12-08
Total Pages: 381
ISBN-13: 1317216059
DOWNLOAD EBOOKThis 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.
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
Published: 2011
Total Pages: 0
ISBN-13: 9789211542011
DOWNLOAD EBOOK"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: Surya Deva
Publisher: Cambridge University Press
Published: 2017-10-19
Total Pages: 539
ISBN-13: 1107199115
DOWNLOAD EBOOKThis book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.
Author: Florian Wettstein
Publisher: Cambridge University Press
Published: 2022-03-24
Total Pages: 451
ISBN-13: 1009158384
DOWNLOAD EBOOKThe first of its kind, this comprehensive interdisciplinary textbook in business and human rights coherently incorporates ethical, legal and managerial perspectives. This path-breaking textbook will be a valuable introductory resource for students, instructors and researchers in business, public policy and law schools.
Author: César Rodriguez-Garavito
Publisher: Cambridge University Press
Published: 2017-09-21
Total Pages: 221
ISBN-13: 1107175291
DOWNLOAD EBOOKExplores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles.
Author:
Publisher:
Published: 2019
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAuthor: Gil Loescher
Publisher: Taylor & Francis
Published: 2005
Total Pages: 100
ISBN-13: 9780415382984
DOWNLOAD EBOOKFirst Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.