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"This book analyses the accountability of European home States for their failure to secure the human rights of victims coming 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 lacuna, this study proposes an innovative business and human rights litigation strategy. It illustrates why such a strategy is needed, pointing to the lack of effective legal remedies against European multinationals. The goal is to empower victims that come from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses"--
This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.
Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interp...
The Research Handbook on Environmental, Social and Corporate Governance presents a comprehensive view of a rapidly evolving area of study. Adopting a comparative approach, it goes beyond issues of sustainability and human rights, covering the whole spectrum of ESG and its regulatory developments.
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?
As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Corporations and states are creatures of law that claim rights, trade roles, and avoid responsibility based on legal concepts in international and domestic law. Using the concept of "attribution" as a touchstone, this cross-disciplinary book explores the law's diverse ways of constructing the identities and responsibilities of firms and states.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights. What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law? These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
The first of its kind, this comprehensive interdisciplinary textbook in Business and Human Rights (BHR) connects and integrates themes, discussions, and issues in BHR from both legal and non-legal perspectives, and provides a solid foundation for cross-disciplinary conversations. It equips students, teachers, and scholars with the necessary knowledge to navigate and advance evolving BHR debates, and fosters a thorough understanding of the academic foundations, evolving policy spaces, and practical approaches in BHR. Short cases throughout translate conceptual insights into practical solutions. Study, reflection, and discussion questions help readers to consolidate and synthesize their understanding of the material and provide stimulating frameworks for debate in the classroom and beyond. The book features a collection of online resources to support students and instructors in their preparation for courses and assignments.