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| business and human rights: Business and Human Rights Dorothée Baumann-Pauly, Justine Nolan, 2016-04-28 In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context. |
| business and human rights: Business and Human Rights Florian Wettstein, 2022-03-24 The 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. |
| business and human rights: Business and Human Rights Nadia Bernaz, 2016-10-04 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. |
| business and human rights: The Cambridge Companion to Business and Human Rights Law Ilias Bantekas, Michael Ashley Stein, 2021-09-09 How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations. |
| business and human rights: Building a Treaty on Business and Human Rights Surya Deva, David Bilchitz, 2017-10-19 This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty. |
| business and human rights: Business and Human Rights Alan S. Gutterman, 2020 |
| business and human rights: Business and Human Rights César Rodriguez-Garavito, 2017-09-21 Explores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles. |
| business and human rights: The Business and Human Rights Landscape Jena Martin, Karen E. Bravo, 2016 This is the first book offering a comprehensive historical and contemporary analysis of the emerging business and human rights field. |
| business and human rights: The UN Guiding Principles on Business and Human Rights Radu Mares, 2011-12-09 Ruggie's reports with a special emphasis on regulatory and governance issues surrounding corporate responsibility. How does international human rights law handle corporations? Are we beginning to grasp the complexities and impacts of financial markets on human rights? What kind of corporate due diligence can make supply chains more socially sustainable? Why should parent companies act when their affiliates infringe rights? What is the potential of national human rights institutions in the area of business and human rights? What is the role of states and law in the social change process promoted by the corporate responsibility movement? How do we 'orchestrate' polycentric governance regimes to ensure respect for human rights? |
| business and human rights: The Business of Human Rights Alex Newton, 2019-04-02 The spotlight of global scrutiny has shone particularly brightly on corporations’ adverse impacts on human rights in recent years. Corporations make up more than two-thirds of the world’s top economies today, and so rightly they are being called to account for their impacts on society and the communities in which they operate. The Business of Human Rights demystifies the relevance of human rights for business, explaining how the corporate responsibility to respect human rights under the UN Guiding Principles can be implemented in practice. It provides a straightforward, practical guide that can be easily read and interpreted by managers to help businesses navigate this complex area of legislation and soft law to fulfil their responsibilities. It explains the potential legal, financial and reputational implications for corporations and the steps they need to take to address them. The book tracks some of the major global developments in business and human rights, including the emergence of foreign, transnational, and international law and the proliferation of multi-stakeholder initiatives on business and human rights. Case studies from a range of sectors and industries – such as extractives, apparel, fast-moving consumer goods, electronics, and banking and finance – illustrate the enormous risks and opportunities human rights pose for business in practice. The Business of Human Rights will equip corporate executives, sustainability practitioners, academics, students, and anyone interested in business’s impacts on society with the essential information and tools they need to quickly come up to speed with the rapidly evolving area of business and human rights. |
| business and human rights: Business and Human Rights Wesley Cragg, 2012 Topics discussed include the debates leading to the creation of the ISO 26000 standard and the United Nations human rights framework for business entities, as well as the nature and limits of the human rights responsibilities of business, the roles and responsibilities of international trade bodies like the World Trade Organization in protecting human rights, and the implications of the current debate for international trade agreements and trade with China. the contributors also explore the effectiveness of voluntary human rights standards in the textile and clothing trade, mining, advertising and the pharmaceutical industry. |
| business and human rights: The Future of Business and Human Rights Jernej Letnar Černič, Nicolás Carrillo Santarelli, 2018 This book presents theoretical and practical considerations on whether it would be feasible to adopt an international treaty on business and human rights to address corporate human rights abuses. |
| business and human rights: Just Business: Multinational Corporations and Human Rights (Norton Global Ethics Series) John Gerard Ruggie, 2013-03-25 A true master class in the art of making the impossible possible. —Paul Polman One of the most vexing human rights issues of our time has been how to protect the rights of individuals and communities worldwide in an age of globalization and multinational business. Indeed, from Indonesian sweatshops to oil-based violence in Nigeria, the challenges of regulating harmful corporate practices in some of the world’s most difficult regions long seemed insurmountable. Human rights groups and businesses were locked in a stalemate, unable to find common ground. In 2005, the United Nations appointed John Gerard Ruggie to the modest task of clarifying the main issues. Six years later, he had accomplished much more than that. Ruggie had developed his now-famous Guiding Principles on Business and Human Rights, which provided a road map for ensuring responsible global corporate practices. The principles were unanimously endorsed by the UN and embraced and implemented by other international bodies, businesses, governments, workers’ organizations, and human rights groups, keying a revolution in corporate social responsibility. Just Business tells the powerful story of how these landmark “Ruggie Rules” came to exist. Ruggie demonstrates how, to solve a seemingly unsolvable problem, he had to abandon many widespread and long-held understandings about the relationships between businesses, governments, rights, and law, and develop fresh ways of viewing the issues. He also takes us through the journey of assembling the right type of team, of witnessing the severity of the problem firsthand, and of pressing through the many obstacles such a daunting endeavor faced. Just Business is an illuminating inside look at one of the most important human rights developments of recent times. It is also an invaluable book for anyone wanting to learn how to navigate the tricky processes of global problem-solving and consensus-building and how to tackle big issues with ambition, pragmatism, perseverance, and creativity. |
| business and human rights: Human Rights Karin Buhmann, 2021-12-14 Human rights are an interdisciplinary subject as well as a foundational aspect of the law. Their importance at the intersection of business and society is central, yet under-analysed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations and legal requirements on businesses to respect human rights, how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics and international business, as well as an illuminating guide for researchers, managers, civil society organisations, government officials and reflective practitioners-- |
| business and human rights: General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi, 2020-10-26 In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field. |
| business and human rights: Business, Human Rights and Transitional Justice Irene Pietropaoli, 2020-05-07 This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice. |
| business and human rights: Human Rights Obligations of Business Surya Deva, David Bilchitz, 2013-11-21 This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights. |
| business and human rights: Guiding Principles on Business and Human Rights United Nations. Office of the High Commissioner for Human Rights, 2011 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. |
| business and human rights: Business and Human Rights Dalia Palombo, 2020-02-06 This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses. |
| business and human rights: Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions Oyeniyi Abe, 2022-05-15 This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses. |
| business and human rights: Regulating Corporate Human Rights Violations Surya Deva, 2012 The quest to establish an effective regulatory mechanism to ensure that corporations comply with human rights responsibilities has gained momentum in the last decade or so, however, despite these efforts, no robust regulatory mechanism is in sight to provide effective remedies to victims of corporate human rights abuses. Against this background this book provides a theoretical framework to overcome regulatory challenges experienced in holding multinational corporations (MNCs) accountable for violation of human rights. |
| business and human rights: Business and Human Rights Manoj Kumar Sinha, 2013-11-08 In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed. |
| business and human rights: Human Rights in Business Juan José Álvarez Rubio, Katerina Yiannibas, 2017-01-20 Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct. |
| business and human rights: Legal Sources in Business and Human Rights Martina Buscemi, Nicole Lazzerini, Laura Magi, Deborah Russo, 2020-06-02 Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation. |
| business and human rights: Business and Human Rights as Law Yousuf Aftab, Audrey Mocle, 2019 This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof.-- |
| business and human rights: Transnational Corporations and Human Rights Gwynne L. Skinner, 2020-08-20 This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions. |
| business and human rights: Global Business and Human Rights James Featherby, 2011 This publication is an essential guide for general counsel and law firms to the changing world of human rights and its importance for global business. The book highlights the growing relationship between human rights and global business and the developing international focus on the issue, particularly as a result of recent United Nations initiatives. Providing detailed commentary from leading international law firms, this first edition focuses on the legal accountability and due diligence responsibilities of corporates based in many of the world's most developed jurisdictions for human rights compliance by their overseas operations. |
| business and human rights: Business and Human Rights in Southeast Asia Mahdev Mohan, Cynthia Morel, 2014-09-25 Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance. |
| business and human rights: When Business Harms Human Rights Karen Erica Bravo, Jena Martin, Tara L. Van Ho, 2020-04-20 When Business Harms Human Rights uses reported narrations to discuss and analyze the experiences of individuals and communities from around the world, and examines the impact that business activities has had on their lives. The volume is situated within the broader subject area of business and human rights, and uses various methodologies to share the perspectives of affected individuals and communities. The narratives collected here follow rights holders in their attempts to secure remedies, and examine the impact of the emerging legal regime of business and human rights. |
| business and human rights: Research Handbook on Human Rights and Business Surya Deva, David Birchall, 2020-07-31 This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field. |
| business and human rights: Research Handbook on Labour, Business and Human Rights Law Janice R. Bellace, Beryl ter Haar, 2019 Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence. |
| business and human rights: Multinational Enterprises and the Law Peter Muchlinski, 2007 Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In addition it considers the effects of corporate self-regulation upon the development of the legal order in this area. Split into four parts the book firstly deals with the conceptual basis for MNE regulation, explaining the growth of MNEs, their business and legal forms, the relationship between them and the effects of a globalising economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation including the limits of national and regional jurisdiction over MNE activities, controls and liberalization of entry and establishment; tax and company, and competition law. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues, and Part IV deals with the contribution of international law and organizations to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements and their recent interpretation by international tribunals. |
| business and human rights: Corporate Social Responsibility, Human Rights and the Law Stéphanie Bijlmakers, 2018-07-26 Corporate Social Responsibility, Human Rights and the Law examines the responsibilities of business enterprises for human rights from a legal perspective. It analyses the legal status of the ‘corporate responsibility to respect human rights’ as articulated by the United Nations Guiding Principles on Business and Human Rights (UNGPs). This concept currently reflects an international consensus and is promoted by the UN. The book contemplates the various founding perspectives of the UNGPs, and how the integration of notions such as ‘principled pragmatism’ and ‘polycentric governance’ within its framework provides insights into the future course of law and policy, compliance, and corporate respect for human rights. The book thus takes a global focus, examining the interaction of Corporate Social Responsibility (CSR), human rights, and the law in a broader global governance context. Setting out a possible future scenario for the legalization of the corporate responsibility to respect human rights that is informed by the UNGPs' founding perspectives and reflects current realities in the human rights landscape, this book will be of great interest to scholars of business ethics, international human rights law, and CSR more broadly. |
| business and human rights: Business and Human Rights Dorothée Baumann-Pauly, Justine Nolan, 2016-04-28 In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context. |
| business and human rights: Corporate Human Rights Violations Stefanie Khoury, David Whyte, 2016-12-08 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. |
| business and human rights: Human Rights Litigation Against Multinationals in Practice Richard Meeran, Jahan Meeran, 2021 This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field. |
| business and human rights: Multinational Corporations and Global Justice Florian Wettstein, 2009-10-08 Multinational Corporations and Global Justice: Human Rights Obligations of a Quasi-Governmental Institution addresses the changing role and responsibilities of large multinational companies in the global political economy. This cross- and inter-disciplinary work makes innovative connections between current debates and streams of thought, bringing together global justice, human rights, and corporate responsibility. Conceiving of corporate social responsibility (CSR) from this unique perspective, author Florian Wettstein takes readers well beyond the limitations of conventional notions, which tend to focus on either beneficence or pure charity. While the call for multinationals' involvement in the solution of global problems has become stronger in recent times, few specifics have been laid down regarding how to hold those institutions accountable in the global arena. This text attempts to work out the normative basis underlying the responsibilities of multinational corporations—thereby filling a crucial void in the literature and marking a milestone in the CSR debate. |
| business and human rights: Corporate Responsibility for Wealth Creation and Human Rights Georges Enderle, 2021-01-28 Enderle illustrates the importance of corporate responsibility by integrating wealth creation and human rights. An invaluable reference for students, teachers and researchers in business and economic ethics, social sciences and human rights studies, as well as for leaders in business, civil society organizations and international institutions. |
| business and human rights: Human Rights Responsibilities in the Digital Age Jonathan Andrew, Frédéric Bernard, 2021-08-26 This book examines the tangled responsibilities of states, companies, and individuals surrounding human rights in the digital age. Digital technologies have a huge impact – for better and worse – on human lives; while they can clearly enhance some human rights, they also facilitate a wide range of violations. States are expected to implement efficient measures against powerful private companies, but, at the same time, they are drawn to technologies that extend their own control over citizens. Tech companies are increasingly asked to prevent violations committed online by their users, yet many of their business models depend on the accumulation and exploitation of users' personal data. While civil society has a crucial part to play in upholding human rights, it is also the case that individuals harm other individuals online. All three stakeholders need to ensure that technology does not provoke the disintegration of human rights. Bringing together experts from a range of disciplines, including law, international relations, and journalism, this book provides a detailed analysis of the impact of digital technologies on human rights, which will be of interest to academics, research students and professionals concerned by this issue. |
| business and human rights: Accountability, International Business Operations and the Law Liesbeth Enneking, Ivo Giesen, Anne-Jetske Schaap, Cedric Ryngaert, Francois Kristen, Lucas Roorda, 2019-12-05 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. |
SLAPPs in Latin America - Business & Human Rights …
Since 2015, the Business and Human Rights Resource Centre (the Resource Centre) has identified over 3,685 attacks worldwide against human rights defenders (HRDs) working on …
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of KPMG’s business and human rights experts. KPMG member firms have seen growing client demand for advisory support in this space. In 2015, Banarra (now KPMG Banarra), a world …
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From ‘business or human rights’ to ‘business and human rights’ 3 still need to justify demands to respect human rights in terms of profit maximisation.11 But if human rights are merely tools to …
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May 28, 2016 · (LPT), presented draft versions of the IBA Business and Human Rights Guidance for Bar Associations (Guidance for Bar Associations) and the IBA Business and Human Rights …
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6.1 Introduction: The Business Case for Human Rights to Address the Implementation Challenge 115 6.2 New Expectations Regarding the Purpose of the Corporation 119 6.2.1 The Role of …
Corporate Accountability, Business and Human Rights: an …
business and human rights debate is the limited literature in this field emanating from the Africa, about Africa. The publication of a peer-reviewed publication, with an accredited publisher, will …
A Guide to Business and Human Rights - International …
06 07 Human rights violations Root causes of human rights violations Potential system -level risks*7 Respect for human rights *6 “Human rights risks” refers to the “business enterprise’s …
Fast and fair renewable energy for Africa: - Business
The United Nations Guiding Principles on Business and Human Rights (UNGPs)4 provide basic guidance on the human rights obligations of states and business, including state-owned and …
Falling out of fashion - Business & Human Rights Resource …
In this report, the Business & Human Rights Resource Centre (the Resource Centre) examines the state of garment workers’ rights in Myanmar’s apparel sector and sourcing brands’ …
Irish Business and Human Rights - Business & Human …
human rights is viewed as a ‘signature foreign policy’ of the Irish Government.6 Accordingly, it might be expected that Ireland is a jurisdiction in which global standards in relation to impacts …
Extraterritorial Jurisdiction: Lessons for the Business and …
Responsibility (CORE) Coalition on its proposal for a UK Commission for Business, Human Rights and the Environment. She has written extensively on business and human rights related topics …
LAW FIRM BUSINESS AND HUMAN RIGHTS PEER …
• Identifying business and human rights ‘champions’ to help drive change: Those leading efforts to implement respect for human rights in each law firm have sought to identify ‘champions’ …
Human Rights and Business Project - Business & Human …
Human Rights and Business game: an entertaining educational tool to introduce human rights in the business context. more information on the HRCA tools see: www.humanrightsbusiness.org …
SLAPPed but not silenced - Business & Human Rights …
human rights. Human rights defenders are not anti-development, but they are often painted as such and face a range of attacks for the mere reason of speaking up against business-related …
The HRs Obligations of Business and Int Law - Business
An extended version of the paper presented at the Workshop on Human Rights and Transnational Corporations: Paving the Way for a Legally Binding Instrument, organised by the Permanent …
Business and human rights:
Business and Human Rights, the global standard, which outline the role of business and governments in respecting human rights. The Guiding Principles do not create any new …
Advance Edited Version - Business & Human Rights …
Apr 7, 2008 · The business and human rights debate currently lacks an authoritative focal point. Claims and counter-claims proliferate, initiatives abound, and yet no effort reaches significant …
Indonesia Launches National Action Plan on Business
Business & Human Rights Chair of National Human Rights Commission, Nur Kholis, officially presents a copy of the NAP to AM Fachir, Deputy Minister of Foreign Affairs . Friday 16 June …
FREQUENTLY ASKED QUESTIONS ABOUT THE GUIDING …
human rights apply to business. It established the Guiding Principles as the first authoritative global framework to address business impact on all human rights, applicable to both States …
Migrant Workers at Risk - Business & Human Rights …
1 See Business & Human Rights Resource Centre, On Shaky Ground: Migrant Workers Rights in Qatar and UAE Construction. 2 The GCT's methodology and analysis of the construction …
SHARED SPACE UNDER PRESSURE - Business & Human …
1 The Business Network on Civic Freedoms and Human Rights Defenders is an informal network of companies, convened and facilitated by Business & Human Rights Resource Centre, the B …
“Going out” responsibly - Business & Human Rights …
Between 2013 and 2020, the Business & Human Rights Resource Centre (Resource Centre) recorded 679 human rights abuse allegations linked to Chinese business conduct abroad, and …
Human Rights: A Promising Perspective for Business & Society
(BHR). BHR examines the human rights responsibilities of business, which include (a) the respect and protection of human rights along corporate value chains, (b) the avoidance of causing or …
Business and Human Rights - Towards a Decade of Global
China's policy development on business and human rights: Dr. Liang Xiaohui, China National Textile and Apparel Council (CNTAC) Dr. Liang pointed out that the Chinese government has …
1. From ‘business or human rights’ to ‘business and …
From ‘business or human rights’ to ‘business and human rights’ 3 still need to justify demands to respect human rights in terms of profit maximisation.11 But if human rights are merely tools to …
Summary: Third Revised Draft of the Binding Treaty on …
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Compilation of Commentaries on the “Zero Draft”
This is a compilation of blogs originally published by the Business & Human Rights Resource Centre as part of our Zero Draft Blog series, which features commentaries from diverse …
“European textile industry and human rights due diligence: …
Business & Human Rights Resource Centre 1. A summary and the main conclusions from this report were presented on 24 April 2018 to the European Parliament’s Committee on …
Business and Human Rights - Scholars at Harvard
Promotion and Protection of Human Rights (“Sub-Commission”), a subsidiary body of the then Commission on Human Rights, comprised of twenty-six more or less independent experts, …
Investor Snapshot: Hydropower & Human Rights
In 2016, the Business & Human Rights Resource Centre surveyed 13 hydropower companies and found that: 7 had a human rights commitment in place (53%) 12 had a commitment to free, …
Modern Slavery in - Business & Human Rights Resource …
The Business Human Rights Resource Centre report, Modern Slavery in Company Operations and Supply Chains: Mandatory Transparency, Mandatory Due Diligence, and Public …
The Moral and Legal Necessity for a Business and Human …
1 Human Rights Council, ‘Elaboration of an internationally legally binding instrument on transnational corporations and other business enterprises with respect to human rights’ …
INDIA’S NATIONAL ACTION PLAN ON BUSINESS & HUMAN …
Action Plan on Business and Human Rights (NAP). 2. The obligation to draft a NAP stems from India’s endorsement of the United Nations Guiding Principles (UNGPs) on Business and …
Business and Human Rights Indicators to Measure the …
Remedy” Framework for Business and Human Rights developed by Professor John Ruggie, then Special Representative of the Secretary-General (SRSG) on the issue of human rights and …
Global Analysis - Business & Human Rights Resource Centre
The Business & Human Rights Resource Centre conducted research on the human rights policies and allegations relating to companies mining cobalt, copper, lithium, manganese, nickel and …
BUSINESS AND HUMAN RIGHTS - Clifford Chance
The UN Working Group on Business and Human Rights has highlighted that respect for human rights is a core element of just transi tion and sustainable development strategies in its …
Lieferketten sind Menschenketten - Business & Human …
Seit 2011 sind die „UN Guiding Principles on Business and Human Rights“ (UN-Leitprinzipien für Wirtschaft und Menschenrechte) in Kraft. Laut diesen Leitprinzipien haben Unternehmen die …
Time to normalise respect and remedy for Human Rights in …
Human Rights crosscut a wide range of issues, and mining activities by their nature can impinge on many of them. Ten years after the adoption of the UN Guiding Principles on Business and …
Corporate human rights due diligence: emerging practices, …
Summary of the report of the Working Group on Business and Human Rights to the General Assembly, October 2018 (A/73/163) Corporate human rights due diligence: emerging …
Business & Human Rights - King & Spalding
Business & Human Rights In some jurisdictions, this may be considered “Attorney Advertising.” Multinational businesses face growing risks in relation to human rights and ESG issues in their …
Recommendations Human Rights Due Diligence
Human rights due diligence has been receiving greater attention from policymakers, businesses and civil society groups since the adoption of the United Nations (UN) Protect, Respect and …
UN Guiding Principles on Business and Human Rights at 10 …
”Business and human rights: towards a decade of global implementation” 1 UN Guiding Principles on Business and Human Rights at 10 ”Business and human rights: towards a decade of global …
Business & human rights snapshot: ICT sector
Business & Human Rights Resource Centre tracks the positive and negative impacts of over 8000 companies in 180 countries. Our global team updates our online library on a daily basis with …
UN Guiding Principles on Business and Human Rights
Oct 2, 2013 · Guiding Principles on Business and Human Rights in 2011, a new overarching single point of reference for business and human rights has been established. It does not …
“Extractive Sector, Just Transition and Human Rights” UN …
Business & Human Rights Resource Centre is a non-profit organization that monitors human rights impacts of over 10,000 companies across the globe. We use our digital platform to …
BUSINESS AND HUMAN RIGHTS: - Business & Human …
human rights due diligence processes and/or to report on how they manage human rights-related issues. in our third joint briefing,1 the global business initiative on human rights and clifford …
BUSINESS AND HUMAN RIGHTS
2. regional frameworks and business and human rights 9 3. network of african national human rights institutions (nanhri)11 3.1 nanhri and business and human rights 11 3.2 nanhri action …
