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Author: Dalia Palombo Publisher: Bloomsbury Publishing ISBN: 1509928049 Category : Law Languages : en Pages : 265
Book Description
This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
Author: Dalia Palombo Publisher: Bloomsbury Publishing ISBN: 1509928049 Category : Law Languages : en Pages : 265
Book Description
This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
Author: Sarah Joseph Publisher: Hart Publishing ISBN: 1841134570 Category : Business & Economics Languages : en Pages : 190
Book Description
This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.
Author: Gwynne L. Skinner Publisher: Cambridge University Press ISBN: 110719931X Category : Business & Economics Languages : en Pages : 199
Book Description
This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Author: Craig Martin Scott Publisher: Bloomsbury Publishing ISBN: 1847316808 Category : Law Languages : en Pages : 493
Book Description
The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Author: Yoon Jin Shin Publisher: BRILL ISBN: 9004311149 Category : Law Languages : en Pages : 327
Book Description
In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights. Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.
Author: Mark Gibney Publisher: Routledge ISBN: 1135121052 Category : Law Languages : en Pages : 385
Book Description
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Author: Thomas Gammeltoft-Hansen Publisher: Taylor & Francis ISBN: 1315408252 Category : Law Languages : en Pages : 381
Book Description
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
Author: Zena Prodromou Publisher: Kluwer Law International B.V. ISBN: 9403520019 Category : Law Languages : en Pages : 324
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Terence C. Halliday Publisher: Cambridge University Press ISBN: 1107069920 Category : Business & Economics Languages : en Pages : 559
Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Author: Dalia Palombo
Author: Dalia Palombo
Author: Sarah Joseph
Author: Nina Reiners
Author: Gwynne L. Skinner
Author: Craig Martin Scott
Author: Yoon Jin Shin
Author: Mark Gibney
Author: Thomas Gammeltoft-Hansen
Author: Zena Prodromou
Author: Terence C. Halliday