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The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society.
This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
This second volume of The Grammar of Criminal Law addresses international criminal law and its importance for future international cooperation. The emphasis is on the concepts that provide the essential building blocks for all systems of criminal law.
Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
Prosecuting Corporations for Genocide explains how multinational corporations should be criminally liable for their role in financing or otherwise supporting atrocities like genocide. This book demonstrates how international criminal jurisdiction should be extended over corporations for atrocities and makes the case that it should be done promptly.
An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law’s purpose. This title contains one or more Open Access chapters.
This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. By examining existing and emerging strategies to better align business policies and practices with respect for human rights, it explains the power activists, investors, and consumers possess to impact corporate human rights communications and conduct.
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.