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Human Rights Law and Business: Corporate Responsibility for Fundamental Human Rights


ISBN13: 9789089520814
Published: July 2010
Publisher: Europa Law Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £68.00



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Over the past decades globalisation has stirred a number of positive and negative developments in national and international environments. An important feature of globalisation is the rise of the economic, social, cultural and political power of corporations.

This study argues that the normative thrust of fundamental human rights obligations of corporations derives primarily from national legal orders and secondarily from the international level, whereas both draw their foundations from an international value system. Thirdly, this book argues that corporate human rights obligations may also derive from corporate unilateral commitments.

This book proposes a normative framework of corporate obligations to respect, protect and fulfil fundamental human rights. It employs a holistic approach to corporate responsibility for fundamental human rights, which identifies a three-fold responsibility for corporate human rights violations: corporate, individual and state responsibility. It argues for concurrence between corporate, individual and state responsibility, where possible.

As important as identifying corporate obligations is the question of how one can respond to corporate human rights violations. As international mechanisms are often non-effective, and even non-existent, the provision of effective remedies for victims of corporate human rights violations, this book argues, rests within the national normative frameworks.

Subjects:
Human Rights and Civil Liberties, Company Law
Contents:
Foreword
Acknowledgements
Summary
Contents
Abbreviations
Part I: Introduction
Chapter 1. Introduction
Chapter 2. The Nature and Scope of the Concept of Corporate Responsibility for Fundamental Human Rights
Part II: Examination of Current Normative Framework
Chapter 3. Corporations and State Responsibility
Chapter 4. National and International Responses to Corporate Criminal Responsibility for Fundamental Human Rights
Chapter 5. Corporate Civil Responsibility for Fundamental Human Rights
Chapter 6. A Critical Examination of Emerging International Quasi-Judicial Legal Regimes for Corporate Responsibility for Fundamental Human Rights
Chapter 7. United Nations and Corporate Responsibility for Human Rights
Chapter 8. Corporate Responsibility and Investment Law
Part III: De Lege Ferenda Framework for Corporate Responsibility for Fundamental Human Rights
Chapter 9. Towards a Normative Framework de Lege Ferenda for Human Rights Law and Business
Chapter 10. Summary and Conclusion
Selected Bibliography
Table of Cases
Table of Treaties and Legislation
Index