xxx, 532 pages : illustrations ; 24 cm
9789462402072 paperback 9462402078 (paperback)
The global business environment has changed rapidly in the past decades, but the human rights and business discourse has often lagged behind. At the international level, hard law regulations still seem decades away. United Nations initiatives such as the Guiding Principles and the UN Working Group on the issue of human rights and transnational corporations and other business enterprises are more than a step in the right direction. However, they alone are insufficient to prevent violations and ensure victims receive justice. This edited book uses a broad and pluralistic understanding of direct human rights obligations, concentrating on legally enforceable standards. The enforceability can come directly from international law, through national legislation, or through non-state actors. The contributions engage both with the law as it is as well as the law as it needs to be developed. In doing so, the book challenges the current reticence to recognise direct human rights obligations of corporations by highlighting the various tools already available for remedying corporate human rights impacts while pushing for the development of further mechanisms.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction / Jernej Letnar Černič and Tara Van Ho Multinationals, human rights and international law : time to move beyond the "state-centric" conception / Surya Deva Direct international humanitarian obligations of non-state entities : analysis of the lex lata and the lex ferenda / Nicolás Carrillo Transnational private regulation and human rights : the limitations of stateless law and the re-entry of the state / Cedric Ryngaert An elephant in a room of porcelain : establishing corporate responsibility for human rights / Jernej Letnar Černič Corporations as agents of global justice / Vojko Strahovnik Human rights due diligence and the responsible supply of minerals from conflict-affected areas : towards a formative framework? / Mary E. Footer "Due diligence" in "transitional justice states" : an obligation for greater transparency? / Tara L. Van Ho Privitisation and the obligation to fulfill rights / Nicholas McMurray Direct corporate human rights obligations under the right to health : from mere "respecting" towards protecting and fulfilling / Brigit Toebes Defying territorial limitations : regulating business conduct extraterritorially through establishing obligations in EU law and national law / Karin Buhmann Business & human rights : from a "responsibility to respect" to a legal obligations and enforcement / Humberto Fernando Cantú Rivera Access to justice through company complaint mechanisms? / Karin Lucas The Dutch Shell case : foreign direct liability claims as an avenue for holding multinational corporations accountable for human rights violations / Dorothée Cambou The assessment of corporate conduct towards human rights in investor-state dispute settlement : why we should (and can) mix the sheep and the goats / Adriana Espinosa González Private military and security companies, transnational private regulation and public international law : from the public to the private and back again? / Willem van Genugten, Nicola Jägers and Evgeni Moyakine State-owned enterprises and human rights : the qualification & the responsibility of the state / Charline Daelman The worst form of child labour in cocoa plantations in Côte d'Ivoire & direct obligations of transnational corporations / Silvia Scarpa Corporate complicity for human rights violations in Africa post-Kiobel case / Atabongawung Tamo Human rights obligations of transnational corporations in domestic tort law / Cees van Dam Transnational corporate liability for gendered harms in the fashion sector from an American and Danish perspective / Sara Andersen.
K1329.5 .H86 2015
Oisterwijk, The Netherlands : Wolf Legal Publishers (WLP),