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| business and human rights treaty: 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 treaty: Building a Treaty on Business and Human Rights Surya Deva, David Bilchitz, 2017-10-19 The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights. |
| business and human rights treaty: 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 treaty: 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 treaty: 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 treaty: 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 treaty: 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 treaty: 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 treaty: 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 treaty: 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 treaty: 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 treaty: The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes Zena Prodromou, 2020-08-12 In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order. |
| business and human rights treaty: The UN Human Rights Treaty System Anne Bayefsky, 2021-10-18 Human rights treaties are at the core of the international system for the promotion and protection of human rights. Every UN member state has ratified at least one of these treaties, making them applicable to virtually every child, woman or man in the world - over six billion people. At the same time, human rights violations are rampant. The problem is that the implementation scheme accompanying the core human rights standards was drafted during a period of history when effective international monitoring was neither intended nor achievable. Today there is a gap between universal right and remedy that is inescapable and inexcusable, threatening the integrity of the international human rights legal regime. There are overwhelming numbers of overdue reports, untenable backlogs, minimal individual complaints from vast numbers of potential victims, and widespread refusal of states to provide remedies when violations of individual rights are found. This landmark Report prepared by Professor Bayefsky envisions a wide-ranging number of reforms, most of which can be accomplished without formal amendment. The recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). Professor Bayefsky details numerous proposals for bolstering national level partnerships, and for following-up the output of the treaty monitoring system as a key missing component of the implementation regime. One major reform requiring amendment is ultimately recommended, namely, consolidation of the human rights treaty bodies and the creation of two permanent committees, one for the consideration of state reports and one for complaints. All individuals, agencies, and organizations involved in the promotion, implementation, review, analysis, and study of human rights protection for all peoples will find this Report an indispensable resource for their work. It contains a unique overview of all the working methods of the six human rights treaty bodies, a detailed and thorough statistical analysis of the operation of the human rights treaty system, and a number of additional annexes which together provide a thorough and comprehensive understanding of the treaty system. The international human rights legal system is at a crossroads, with the ideal of universality threatened by the fundamental shortfalls in effective implementation. This Report offers a clear and substantive path to moving universality beyond rhetoric and towards a treaty regime meaningful and effective in the lives of everyday people. |
| business and human rights treaty: Tracing the Roles of Soft Law in Human Rights Stéphanie Lagoutte, Thomas Gammeltoft-Hansen, John Cerone, 2016 Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. |
| business and human rights treaty: 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 treaty: 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 treaty: Reservations to Human Rights Treaties and the Vienna Convention Regime Ineta Ziemele, Deutsches Institut Fur Menschenrechte, 2013-11-09 There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers. |
| business and human rights treaty: 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 treaty: The Oxford Guide to Treaties Duncan B. Hollis, 2020 This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take. |
| business and human rights treaty: 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 treaty: Law, Business and Human Rights Robert C. Bird, Daniel R. Cahoy, Jamie Darin Prenkert, 2014-07-31 The intersection of business and human rights contains substantial economic, social, and political implications. Global business enterprises and civil society groups must establish a constructive and meaningful dialogue in order to work cooperatively t |
| business and human rights treaty: The Oxford Handbook of International Human Rights Law Dinah Shelton, 2013-09 The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world. |
| business and human rights treaty: United Nations Centre on Transnational Corporations Khalil Hamdani, Lorraine Ruffing, 2015-03-24 The United Nations Centre on Transnational Corporations (UNCTC) was established in 1975 and abolished in 1992. It was an early effort by the UN to address the overlapping issues of national sovereignty, corporate responsibility and global governance. These issues have since multiplied and deepened with globalization. This book recounts the UNCTC experience and its lessons for international organizations. This book is not only an insider perspective by two former staff but also a collective memoir of the UNCTC as an international organization that attempted with varying success to defuse the clash between corporates and states that erupted in the turbulent 1970s. This personal account of the UNCTC is a mixture of history, analysis, reflections, and critical commentaries, told in different voices that penetrate the bland persona of international civil service. In this retelling, the authors seek to address misconceptions amongst the more general literature and to seek to provide accounts of both its positive and negative features. The UNCTC experience recounted in this book holds valuable lessons for international organization and will be of interest to student, scholars and practitioners alike. |
| business and human rights treaty: International Legal Protection of Human Rights in Armed Conflict United Nations. Office of the High Commissioner for Human Rights, 2011 International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons. |
| business and human rights treaty: 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 treaty: 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 treaty: The Universal Declaration of Human Rights in the 21st Century Gordon Brown, 2016-04-18 The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation. |
| business and human rights treaty: Congressional Record United States. Congress, 1968 |
| business and human rights treaty: Non-discrimination and Equality in the View of the UN Human Rights Treaty Bodies Wouter Vandenhole, 2005 As part of a larger research project on harmonisation and convergence among UN human rights treaty bodies, scrutinises convergence and divergence, communality, and related issues. Focuses on five Committees: The Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Human Rights Committee (HRC), the International Covenant on Economics, Social and Cultural Rights (CESCR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC). |
| business and human rights treaty: Extraterritorial Application of Human Rights Treaties Marko Milanovic, 2011-07-14 Expanded version of author's thesis (doctoral)--University of Cambridge, 2010. |
| business and human rights treaty: Business Law I Essentials MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.), Renee de Assis, Suzanne Cardell, 2019-09-27 A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches. |
| business and human rights treaty: 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 treaty: Natural Resource Sovereignty and the Right to Development in Africa Carol Chi Ngang, Serges Djoyou Kamga, 2021-08-25 This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas. |
| business and human rights treaty: The UN Human Rights Treaty System Suzanne Egan, 2011-07-31 The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource. |
| business and human rights treaty: The Right to Food Katarina Tomaševski, Philip Alston, 2021-09-27 |
| business and human rights treaty: The Right to Development in International Law Subrata Roy Chowdhury, Erik M.G. Denters, Paul J.I.M. de Waart, 2023-11-27 The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume. |
| business and human rights treaty: Brownlie's Principles of Public International Law James Crawford, Ian Brownlie, 2019 Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. |
| business and human rights treaty: Mobilizing for Human Rights Beth A. Simmons, 2009-10-29 Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization. |
| business and human rights treaty: Making Africa Work Through the Power of Innovative Volunteerism Dr. Richard Munang, 2018-05-16 While Africa has long been referred to as the dark continent, its shown itself to be a bearer of light to the world. Leaders such as the late former president of South Africa Nelson Mandela, former United Nations Secretary General Kofi Annan, Nobel laureates Wangari Maathai and Desmond Tutu, and others have inspired the world with their words and actions. But more work needs to be done. Richard Munang outlines practical policies that countries in Africa should take to accelerate socioeconomic transformation and achieve ideals of sustainable development goals. He highlights how the pace of economic development in Africa has lagged other nations with fewer natural resourcesand what we can do about it. Unlike other books, this one presents a novel-strategic approach to building an economy that can thrive amid climate change. The paradigm he proposes incentivizes actions that stem climate changes most harmful effects. Find out how climate change can be a master key that unlocks the door to accelerated socioeconomic transformation in Africa and how it applies to development economists, politicians, and everyday people with the insights in Making Africa Work Through the Power of Innovative Volunteerism. |
| business and human rights treaty: The Relentless Business of Treaties Martin Case, 2018 How making treaties for land cessions with Native American nations transformed human relationships to the land and became a profitable family business. |
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Human Rights Council, Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, U.N. Doc. A/HRC/17/31 (Mar. 21, …
LEGALLY BINDING INSTRUMENT TO REGULATE, IN …
Conducting meaningful consultations with individuals or communities whose human rights can potentially be affected by business activities, and with other relevant stakeholders, including …
Business and Human Rights: A study on the implications of …
Business and Human Rights: A study on the implications of the proposed binding treaty Olga Fernández Sixto LLM in International Human Rights Law at University of Essex October 2015 …
Corporations in the UN Business and Human Rights Treaty …
Track the participation of businesses in the Treaty negotiations process. Monitor and disclose corporate lobbying efforts with State delegations. Increase transparency on business …
GuidinG PrinciPles on Business and Human riGHts
The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights; The need …
Summary: Third Revised Draft of the Binding Treaty on …
This is an unofficial summary of the third revised draft of the legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other …
The Moral and Legal Necessity for a Business and Human …
In this paper,3 I will outline four arguments – that straddle the boundaries of both law and morality – for why a treaty is necessary. The arguments all are rooted in a common normative …
A Step Along the Road to a Legally Binding Treaty on …
monitor human rights impacts of their business activities, including the activities of subsidiaries and entities under a business’ control or linked to its operations, produces and services; …
Towards a binding international treaty on business and …
To address the shortcomings of the soft approach, an intergovernmental working group was established within the UN framework in June 2014, with the task of drafting a binding treaty on …
UN TREATY PROCESS ON BUSINESS AND HUMAN RIGHTS
We underscore our opposition to the proposal to impose direct international human rights obligations on transnational corporations (TNCs) and other business enterprises (OBEs), …
SUMMARY: of the Binding Treaty on Business and Human Rights
The purpose of the Treaty, as stipulated in Article 2 is to “strengthen the respect, promotion, protection and fulfilment of human rights” and to “ensure effective access to justice and …
Towards a binding international treaty on business and …
To address the shortcomings of the soft approach, an intergovernmental working group was established within the United Nations framework in June 2014, with the task of drafting a …
UN Guiding Principles on Business and Human Rights at 10
OHCHR views the treaty process as an opportunity to potentially enhance the protection of human rights in the context of business activities, and importantly, to improve accountability and …
A UN Business and Human Rights Treaty?
Jan 28, 2014 · A perfectly understandable reaction to the global problem of business-related human rights harm is to say there ought to be a law, one single international law, which binds …
Towards a binding treaty on business and human rights
The European Economic and Social Committee (EESC), in an own-initiative opinion adopted in 2019, on the binding UN treaty on business and human rights, called on EU institutions to …
Towards a Business and Human Rights Treaty
In Chapter Four, this thesis provides a constructive proposal on the specific legal formula-tion of a business and human rights treaty. The proposal discusses four general issues including: the …
The Business and Human Rights Treaty Debate: Is Now the …
One of the central questions of the conversation was whether the United Nations should move forward with a proposed treaty on transnational business and human rights, or whether it …
Building a Treaty on Business and Human Rights
Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the …
For a Treaty on Business & Human Rights
a treaty on business and human rights? Yes -- but it must be the right treaty, aft thers), sufficiently justify a treaty. Indeed, a treaty is arguably required by the state duty to protect read with the …
SUMMARY: of the Binding Treaty on Business and Human Rights
The purpose of the Treaty, as stipulated in Article 2 is to “strengthen the respect, promotion, protection and fulfilment of human rights” and to “ensure effective access to justice and remedy …
The Moral and Legal Necessity for a Business and Human …
In the middle of last year, the Human Rights Council passed a resolution that establishes ‘an intergovernmental working group on a legally binding instrument on transnational corporations …
Business and Human Rights: A study on the implications of the …
This proposal brought the business and human rights issues back to the UN the agenda. In November 2013, civil society groups meeting in Bangkok issued a Joint Statement supporting the …
Corporations in the UN Business and Human Rights Treaty …
Assess whether public support for business and human rights regulation is consistent with the statements and positions of business organisations engaged in the Treaty negotiations.
A UN Business and Human Rights Treaty?
Jan 28, 2014 · A perfectly understandable reaction to the global problem of business-related human rights harm is to say there ought to be a law, one single international law, which binds all …
Summary: Third Revised Draft of the Binding Treaty on …
This is an unofficial summary of the third revised draft of the legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business …
Towards a Business and Human Rights Treaty
These issues are: the legal need of a business and human rights treaty in international legal framework, the political as well as legal achievability of a treaty on business and human rights, …
The Human Rights Obligations of Business: Reimagining the …
The proposed Declaration should (i) provide a sound normative basis for why companies have human rights obligations, (ii) proclaim that human rights applicable to companies are not limited …
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 thought-leaders …
For a Treaty on Business & Human Rights
a treaty on business and human rights? Yes -- but it must be the right treaty, aft thers), sufficiently justify a treaty. Indeed, a treaty is arguably required by the state duty to protect read with the …
