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Business and Human Rights: The Obligations of the European Home States

Business and Human Rights: The Obligations of the European Home States

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509954674
  • 出版时间 August 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509928033
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. The Case for Legal Reform
    I. From States to Non-State Actors
    II. The Legal Framework for Multinational Enterprises
    A. Primary and Secondary Rules
    B. The Standards of Conduct and Review
    C. The Third Agency Problem
    III. The Avenues for Legal Change
    A. Soft Law: Blaming and Shaming
    B. Litigation Against Companies in Domestic Courts
    C. Litigation Against States
    IV. The Perspective of Victims
    A. Case Studies
    B. Normative Argument
    2. The Obligations of Multinational Companies
    I. Remedies in the Host State
    A. Undercapitalisation
    B. Investment Law
    C. Complicity
    II. Remedies in the Home State
    A. Soft Laws
    B. European Union Law
    C. Domestic Law
    3. The International Legal Obligations of States
    I. The Nature of State Obligations
    A. Negative Obligations
    B. Positive Obligations
    C. Overcoming the Dichotomy
    D. The Duties to Respect, Protect and Fulfil
    II. The Positive Obligation to Secure that Enterprises Respect Human Rights in the European Convention on Human Rights
    A. The Obligation to Secure
    B. The Procedural Duty to Protect and the Right to an Effective Remedy
    C. The Duty to Fulfil
    III. The Application to the Case Studies
    IV. Conclusion
    4. Extraterritoriality
    I. Lex Lata: Extraterritoriality in the European Convention on Human Rights
    A. Extraterritorial Control
    B. The Duty to Protect: Territorial Control with Extraterritorial Effects
    C. The Duty to Fulfil: The Ability to Influence
    II. Lex Ferenda: The State's Duties and Multinational Enterprises
    A. Extraterritoriality
    B. Positive Obligations and Private Enterprises
    C. The Duty to Protect and Multinational Enterprises
    D. The Duty to Fulfil and Multinational Enterprises
    III. The Extraterritorial Application to the Case Studies
    A. Duty to Protect
    B. Duty to Fulfil
    IV. Conclusion
    5. An Agenda for Legal Reform
    I. Duty to Protect
    A. New Binding Obligations
    B. Existing Domestic Laws
    II. Duty to Fulfil
    A. Bilateral Investment Treaties and Free Trade Agreements
    B. Ethical Investment Policies
    III. Conclusion

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