The EU’s Human Rights Responsibility Gap PDF Download

Author: Joyce De Coninck
Publisher: Bloomsbury Publishing
ISBN: 1509977368
Category : Law
Languages : en
Pages : 520

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Book Description
Can the EU be held legally responsible for its contributions to human rights harms in its Integrated Border Management policy? Or do systemic legal design flaws in the EU's human rights responsibility regime give rise to a significant responsibility gap? This book delves into these pressing questions, offering a transversal analysis of applicable legal frameworks under international and EU law. Divided into three parts, the book first analyses the international and EU human rights responsibility frameworks, revealing both 'normative incongruency' as well as 'liability incongruency'. Part two applies these frameworks to specific illustrations within the four tiers of the EU's Integrated Border Management, exposing the critical points where responsibility falters. Building on these findings and drawing from shared responsibility and relationality theories, part three briefly introduces 'Relational Human Rights Responsibility' as an alternative method to ascertaining human rights responsibility of the EU specifically, and international organisations more generally.

Author: Alexandra Gatto
Publisher: Edward Elgar Publishing
ISBN: 1849809011
Category : Business & Economics
Languages : en
Pages : 353

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Book Description
This well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date. The significant gap between the EU s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs, and the EU s reluctance to impose human rights obligations on MNEs, is thoroughly explored. It is suggested that the current human rights law should be developed, and this timely book recommends that the EU should firmly link the promotion of MNEs human rights obligations to international human rights law, thereby supporting the constitution of an international law framework within the UN. Multinational Enterprises and Human Rights will be of very great interest to scholars of EU or international human rights as well as NGOs and policymakers in international organizations and corporations that support corporate social responsibility and human rights.

Author: Nicholas R. Micinski
Publisher: University of Michigan Press
ISBN: 0472902792
Category : Political Science
Languages : en
Pages : 264

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Book Description
Delegating Responsibility explores the politics of migration in the European Union and explains how the EU responded to the 2015–17 refugee crisis. Based on 86 interviews and fieldwork in Greece and Italy, Nicholas R. Micinski proposes a new theory of international cooperation on international migration. States approach migration policies in many ways—such as coordination, collaboration, subcontracting, and unilateralism—but which policy they choose is based on capacity and on credible partners on the ground. Micinski traces the fifty-year evolution of EU migration management, like border security and asylum policies, and shows how EU officials used “crises” as political leverage to further Europeanize migration governance. In two in-depth case studies, he explains how Italy and Greece responded to the most recent refugee crisis. He concludes with a discussion of policy recommendations regarding contemporary as well as long-term aspirations for migration management in the EU.

Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN: 9789211542011
Category : Political Science
Languages : en
Pages : 0

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Book Description
"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287172037
Category : Law
Languages : en
Pages : 150

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Book Description
The Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210) is the first legally binding instrument to address violence against women and domestic violence in Europe. It contains a wide range of obligations aiming to prevent violence, protect its victims, prosecute the perpetrators, implement coordinated policies and promote international co-operation. It also envisages a monitoring mechanism. The convention recognizes violence against women as a violation of human rights and is a major step forward in achieving gender equality in law and in fact.

Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 0521455464
Category : Law
Languages : en
Pages : 285

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Book Description
Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

Author: Mark Gibney
Publisher: Routledge
ISBN: 1000466132
Category : Political Science
Languages : en
Pages : 500

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Book Description
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Author: Melanie Fink
Publisher: Oxford University Press, USA
ISBN: 0198835450
Category : Law
Languages : en
Pages : 417

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Book Description
This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.

Author: Surya Deva
Publisher: Cambridge University Press
ISBN: 1107036879
Category : Business & Economics
Languages : en
Pages : 451

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Book Description
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Author: Margaretha Wewerinke-Singh
Publisher: Bloomsbury Publishing
ISBN: 1509918450
Category : Law
Languages : en
Pages : 214

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Book Description
The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.