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Author: Aleydis Nissen Publisher: Cambridge University Press ISBN: 1009284282 Category : Law Languages : en Pages : 357
Book Description
Emerging and developing states are home to powerful corporations capable of deploying economic activities on a global scale through the rapid pace of technological change and globalisation. But such corporations have to date been largely overlooked in the field of business and human rights. Treatment of such corporations has typically been in the context of supply chain studies, as subsidiaries of corporations from economically developed Western states. This book takes a radically different approach. It aims to investigate the conditions under which the European Union and its Member States regulate and remedy human rights violations by corporations from emerging and developing states. Stemming from the hypothesis that the EU intends to play a central role, Aleydis Nissen explores how the EU and its Member States attempt to ensure that EU-based businesses are not undercut by emerging competition, drawing on global examples to illustrate this developing phenomenon.
Author: Aleydis Nissen Publisher: Cambridge University Press ISBN: 1009284282 Category : Law Languages : en Pages : 357
Book Description
Emerging and developing states are home to powerful corporations capable of deploying economic activities on a global scale through the rapid pace of technological change and globalisation. But such corporations have to date been largely overlooked in the field of business and human rights. Treatment of such corporations has typically been in the context of supply chain studies, as subsidiaries of corporations from economically developed Western states. This book takes a radically different approach. It aims to investigate the conditions under which the European Union and its Member States regulate and remedy human rights violations by corporations from emerging and developing states. Stemming from the hypothesis that the EU intends to play a central role, Aleydis Nissen explores how the EU and its Member States attempt to ensure that EU-based businesses are not undercut by emerging competition, drawing on global examples to illustrate this developing phenomenon.
Author: Aleydis Nissen Publisher: ISBN: 9781009284271 Category : International business enterprises Languages : en Pages : 0
Book Description
Emerging and developing states are home to powerful corporations capable of deploying economic activities on a global scale through the rapid pace of technological change and globalisation. But such corporations have to date been largely overlooked in the field of business and human rights. Treatment of such corporations has typically been in the context of supply chain studies, as subsidiaries of corporations from economically developed Western states. This book takes a radically different approach. It aims to investigate the conditions under which the European Union and its Member States regulate and remedy human rights violations by corporations from emerging and developing states. Stemming from the hypothesis that the EU intends to play a central role, Aleydis Nissen explores how the EU and its Member States attempt to ensure that EU-based businesses are not undercut by emerging competition, drawing on global examples to illustrate this developing phenomenon.
Author: James Featherby Publisher: Sweet & Maxwell ISBN: 0956544096 Category : Business & Economics Languages : en Pages : 419
Book Description
This publication is an essential guide for general counsel and law firms to the changing world of human rights and its importance for global business. The book highlights the growing relationship between human rights and global business and the developing international focus on the issue, particularly as a result of recent United Nations initiatives. Providing detailed commentary from leading international law firms, this first edition focuses on the legal accountability and due diligence responsibilities of corporates based in many of the world's most developed jurisdictions for human rights compliance by their overseas operations.
Author: Aleydis Nissen Publisher: Cambridge University Press ISBN: 1009284304 Category : Law Languages : en Pages : 357
Book Description
"This book is at home in the offices of everyone concerned about Corporate Social Responsibility. For scholars, lawyers, and accountants this book offers a compelling account of all the newest 'business and human rights' material in our polarised world. For litigators, judges, and other dispute settlers, it uncovers power dynamics that serve as barriers to justice"--
Author: Angelica Bonfanti Publisher: Routledge ISBN: 042981125X Category : Law Languages : en Pages : 353
Book Description
Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.
Author: Martina Buscemi Publisher: BRILL ISBN: 9004401180 Category : Law Languages : en Pages : 353
Book Description
Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.
Author: Chiara Macchi Publisher: Springer Nature ISBN: 9462654794 Category : Law Languages : en Pages : 202
Book Description
More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the ‘protect, respect, remedy’ trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state’s duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains. Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.
Author: Juan José Álvarez Rubio Publisher: Taylor & Francis ISBN: 1351979159 Category : Law Languages : en Pages : 159
Book Description
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.
Author: Daniele Ruggiu Publisher: CRC Press ISBN: 0429955367 Category : Business & Economics Languages : en Pages : 311
Book Description
What is the state of current European governance on new and emerging technologies, and where is it going? What is, and what can be, the role of human rights in governance arrangements? These are the main questions that this book answers for both European and non-European scholars. It provides a wide picture of current European governance, notably in biotechnology, nanotechnology and synthetic biology, and discusses the model of Responsible Research and Innovation, which is gaining popularity within the European Union, under a human rights perspective. It shows how human rights can contribute to governance frameworks without posing obstacles to research and innovation. The theory presented in the book is followed by practical guidelines drawn from human rights law. Starting from the Strasbourg Court jurisprudence, it provides a complete review of the wide range of rights that the European Convention on Human Rights protects in light of the challenges of techno-scientific advances. This analysis will come in handy for private actors, policymakers, regulators, as well as judges in solving hard cases raised by techno-scientific progress in the future.
Author: Paolo Davide Farah Publisher: ISBN: Category : Languages : en Pages : 25
Book Description
This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE's Members) should implement all possible actions to protect individuals' dignity, along with other important sustainable community priorities such as public health, sustainable development and the protection of the environment, social values, and fundamental freedoms. At the same time the regulations and practices should be able to build-up an appropriate business environment that is sufficiently friendly to corporate activity to permit companies to produce growth and create new job opportunities, without affecting any of the individual substantial rights and liberties.The book contains chapters providing an overview and comparison of different existing practices with constructive suggestions for future policy-making, as well as chapters dealing with more specific issues related to business and human rights.Overall, this book attempts not only to summarize the outcomes of the most intensely debated challenges; it also tries to provide constructive criticism and valuable suggestions for the future for policymakers and legislators to move forward. Business and human rights hold many complex and intricate relations, as well as the interests of subjects who do not have an equal social and legal position. All these diverging values and opposing concerns require a very delicate and diplomatic approach in order to bring clarity and binding security for all the involved stakeholders. Nevertheless, the future outlook of the field looks promising, mainly due to the large amount of documents, frameworks, opinions, and bilateral agreements, but also thanks to the incessant and sometimes constructively obstinate activity of institutions, and national and international courts. This book has the potential to also be one of the sources for fostering incremental positive development in order to consolidate more human conditions and values in the global economy, free-trade and business, which should be primarily for humans. Not only for the privileged ones, but for all human beings.
Author: Aleydis Nissen
Author: Aleydis Nissen
Author: Aleydis Nissen
Author: James Featherby
Author: Aleydis Nissen
Author: Angelica Bonfanti
Author: Martina Buscemi
Author: Chiara Macchi
Author: Juan José Álvarez Rubio
Author: Daniele Ruggiu
Author: Paolo Davide Farah