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Exploring Corporate Human Rights Responsibilities in OECD Case Law

Edited by: Otgontuya Davaanyam, Markus Krajewski

ISBN13: 9783031757167
Published: January 2025
Publisher: Springer International
Country of Publication: Switzerland
Format: Hardback
Price: £44.99



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This open access book consolidates a collection of scholarly papers presented at the academic conference titled "Corporate Human Rights Responsibility in OECD Case Law: Actors, Issues, Responsibilities, and Remedies", held on 4 and 5 May 2023. The conference was organized by the OECD Case Law Project at Friedrich-Alexander-Universitat Erlangen-Nurnberg.

The book is divided into three sections. The first examines how NCP cases interpret corporate responsibilities, including financial institutions, on human rights and environmental issues, focusing on climate change and conflict-affected zones. It also highlights how OECD cases address corporate accountability and its impact on the revised OECD Guidelines and the EU Corporate Sustainability Due Diligence Directive (CSDDD).

The second section critically evaluates the NCP mechanism's effectiveness, assessing whether it provides substantive remedies and how well NCP mediation resolves disputes. It offers both quantitative and qualitative analysis of the grievance processes in line with UNGP effectiveness criteria.

The third section explores the NCP's role in global corporate responsibility frameworks, particularly its potential influence on shaping mandatory due diligence obligations through frameworks like the CSDDD, reinforcing corporate accountability in international business practices.

Additionally, the book offers key recommendations for policymakers, NCP experts, and practitioners on improving the NCP system to ensure more meaningful outcomes for human rights violations.

Subjects:
Human Rights and Civil Liberties, International Trade
Contents:
Introduction: Exploring Corporate Human Rights Responsibilities in OECD Case Law
Otgontuya Davaanyam, Markus Krajewski

Unpacking Substantive Elements of Corporate Human Rights Responsibilities Through OECD National Contact Point Specific Instances
A Climate Change Outlook on the 2023 OECD Guidelines for Multinational Enterprises on Responsible Business Conduct: Which Contribution from the Practice of the NCPs?
F. Mussi
Analysing Heightened Corporate Human Rights Responsibilities in the Context of OECD Case Law
Kateryna Buriakovska, Otgontuya Davaanyam
Articulating Responsibility for Human Rights and the Environment in the Financial Sector: Outlook on the Concrete Cases of the OECD National Contact Points
Otgontuya Davaanyam

Measuring the Effectiveness of OECD National Contact Points: A Critical Review
The Future of Supervision Mechanisms Under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct
Jernej Letnar Černič
Degrees of Remedy: Understanding Remedy Outcomes at the OECD National Contact Points
Kari Otteburn
Improving the Effectiveness of Non-Judicial Mechanisms Under the OECD National Contact Points: Issues of Legitimacy and Accessibility
Laura Íñigo Álvarez
Business and Human Rights Dispute Settlement: The OECD NCPs as Grievance Mechanism
Tamar Meshel
The Broader Impact of the OECD Guidelines for Multinational Enterprises
Influence of the OECD Guidelines and Jurisprudence in the Legislative Process of the EU Directive on Corporate Sustainability Due Diligence
Monika Feigerlová