9781780686455 (ebook) 9781780684918 (hardback)
It is an undeniable fact that corporations participate in human rights abuses throughout the world. Yet there is disagreement among scholars, politicians and business actors about the best approaches to preventing and responding to those abuses and whether it would be feasible to adopt a treaty on the matter. This book explores the potential adoption of a treaty on business and human rights, first proposed by Ecuador and South Africa. Would such a treaty be practicable and what should its content be - should it regulate direct corporate obligations or extraterritorial obligations? How can experiences of other international legal regimes and developments in regional systems inform the global debate on business and human rights? The Future of Business and Human Rights informs the reader - academics, practitioners and policy makers - about the current debate that is at centre of legal and diplomatic discussion. JERNEJ LETNAR CERNIC is Associate Professor of Human Rights Law at the Graduate School of Government and European Studies and Senior Research Fellow at the University Institute of European Studies in Turin, Italy. NICOLÁS CARRILLO-SANTARELLI, is Professor of International Law at La Sabana University, Colombia and has experience as a clerk in the Colombian Constitutional Court. 2 Intersentia Intersentia 3
Title from publisher's bibliographic system (viewed on 15 Oct 2018).
Formatted Contents Note
Introduction / Jernej Letnar Černič and Nicolás Carrillo-Santarelli Alternative paths to a business and human rights treaty / Surya Deva Defence of direct international human rights obligations of (all) corporations / Nicolás Carrillo-Santarelli Treaty on business and human rights : problems and prospects / Chiara Macchi Considering a treaty on corporations and human rights : mostly failures but with a glimmer of success / Larry Catá Backer 'Band-aids don't fix bullet holes' : in defence of a traditional state-centric approach / Tara L. Van Ho Voluntary vs. binding : civil society's claim for a binding instrument / Ana MaríaSuárez Franco and Daniel Fyfe Business and human rights in the Americas : defining a Latin American route to corporate responsibility / Humberto Cantú Rivera Applicability of human rights treaties to business enterprises : a case study of India / Manoj Kumar Sinha Reckless business : corporate accountability for atrocities / Dan Kuwali European perspectives on the business and human rights treaty initiative / Jernej Letnar Černič Convention or a recommendation? : the experience of international labour legislation / Ago Shin-Ichi Lessons for the treaty process from the International Law Commission and international environmental law / Sara L. Seck Conclusion / Jernej Letnar Černič and Nicolás Carrillo-Santarelli.