Corporate Environmental Accountability in International Law

Corporate Environmental Accountability in International Law

Author: Elisa Morgera

Publisher: Oxford University Press

Published: 2020

Total Pages: 353

ISBN-13: 0198738048

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"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.


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: 315

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.


Accountability and Corporate Human Rights Violations in Tort and International Law

Accountability and Corporate Human Rights Violations in Tort and International Law

Author: Emmanuel K. Nartey

Publisher: Cambridge Scholars Publishing

Published: 2021-10-04

Total Pages: 480

ISBN-13: 1527575756

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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.


Transnational Corporations and International Law

Transnational Corporations and International Law

Author: Alice De Jonge

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 257

ISBN-13: 0857930397

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This well-documented work will appeal to corporate leaders interested in understanding the related practicalities of international corporate liability as well as post-graduate students in international business and international policy studies. Policymakers, academics and researchers interested in a unique perspective on the future of the global corporation as an internationally responsible global citizen will find much to inte rest them in this book.


The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law

Author: Lavanya Rajamani

Publisher: Oxford University Press

Published: 2021-08-06

Total Pages: 1104

ISBN-13: 0192589032

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The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.


Corporate Social Responsibility – Sustainable Business

Corporate Social Responsibility – Sustainable Business

Author: Rae Lindsay

Publisher: Kluwer Law International B.V.

Published: 2020-06-17

Total Pages: 630

ISBN-13: 9403522305

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In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.


International Environmental Law and the Global South

International Environmental Law and the Global South

Author: Shawkat Alam

Publisher: Cambridge University Press

Published: 2015-09-17

Total Pages: 657

ISBN-13: 1107055695

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Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.


Global Environmental Governance and the Accountability Trap

Global Environmental Governance and the Accountability Trap

Author: Susan Park

Publisher: MIT Press

Published: 2019-02-19

Total Pages: 281

ISBN-13: 0262351889

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An examination of whether accountability mechanisms in global environmental governance that focus on monitoring and enforcement necessarily lead to better governance and better environmental outcomes. The rapid development of global environmental governance has been accompanied by questions of accountability. Efforts to address what has been called “a culture of unaccountability” include greater transparency, public justification for governance decisions, and the establishment of monitoring and enforcement procedures. And yet, as this volume shows, these can lead to an “accountability trap”—a focus on accountability measures rather than improved environmental outcomes. Through analyses and case studies, the contributors consider how accountability is being used within global environmental governance and if the proliferation of accountability tools enables governance to better address global environmental deterioration. Examining public, private, voluntary, and hybrid types of global environmental governance, the volume shows that the different governance goals of the various actors shape the accompanying accountability processes. These goals—from serving constituents to reaping economic benefits—determine to whom and for what the actors must account. After laying out a theoretical framework for its analyses, the book addresses governance in the key areas of climate change, biodiversity, fisheries, and trade and global value chains. The contributors find that normative biases shape accountability processes, and they explore the potential of feedback mechanisms between institutions and accountability rules for enabling better governance and better environmental outcomes. Contributors Graeme Auld, Harro van Asselt, Cristina Balboa, Lieke Brouwer, Lorraine Elliott, Lars H. Gulbrandsen, Aarti Gupta, Teresa Kramarz, Susan Park, Philipp Pattberg, William H. Schaedla, Hamish van der Ven, Oscar Widerberg


The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law

Author: Samantha Besson

Publisher: Oxford University Press

Published: 2017

Total Pages: 1233

ISBN-13: 0198745362

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This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.