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Corporate Human Rights Violations: Global Prospects for Legal Action

Corporate Human Rights Violations: Global Prospects for Legal Action

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138659551
  • 出版时间 December 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥29,375.00
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  • 描述 
  • 大纲 
  • 详细

    This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations by corporations. Based on an analysis of the range of mechanisms of accountability that current exist, it argues that that those demands are a response to the failure of neoliberal politics that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s.

    Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book analyses the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at European Court of Human Rights and at the Inter-American Court of Human Rights.

    This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power. It will be essential reading to campaigners involved in corporate accountability debates, as well as scholars in legal and human rights studies, and in sociology, criminology, politics and international relations.

  • Introduction: The Rarefied Politics of Global Legal Struggles
    Introduction: Corporate Human Rights Violations
    Human Rights and Corporate Accountability
    A Mirror Image?
    The Rarefied Politics of Global Consent
    Global Social Ordering
    Counter-hegemony and Resistance?
    The Structure of the Book

    Chapter One: From Economic Cannibalism to Corporate Human Rights LIabilities
    Introduction
    Corporations, Human Rights and the UN
    Corporations as Bearers of Rights
    Corporations as Political Institutions
    The Draft Norms
    Lobbying the Norms
    The NGO Lobby
    Conclusion: Untangling the Roots of UN Policy

    Chapter Two: Different Shades of Voluntarism
    Introduction
    The Global Compact: ‘Support Group’ or ‘Good Old Boys Club’?
    An American in the Court of King Kofi
    The "Continuation of a Business-Friendly Agenda"?
    The Guiding Principles
    A Fake Consensus
    Conclusion

    Chapter Three: A Manufactured Consent
    Introduction
    Evaluating the Role of the OECD Guidelines
    Complaints Taken by NGOs
    Mutual Agreement?
    No Enforcement
    Corporate Structural Advantage
    Conclusion

    Chapter Four: Tort Law and the Struggle Against Corporate Human Rights Violations
    Introduction
    The Civil Justice System and Corporate Accountability
    Alien Tort Claims Act 1789
    The Business Lobby Celebrates
    European Transnational Tort Cases
    Transnational Jurisdiction and the Imperial Court
    Transnational Struggle?
    Conclusion: Nearly Absolute Non-Accountability

    Chapter Five: Struggles for Corporate Accountability in the Human Rights Courts
    Introduction
    Positive and Negative Obligations
    Positive Obligations into the Private Sphere
    The Horizontal Effect in the European System
    The Horizontal Effect in the Inter-American System
    NGOs and the Struggle for Recognition
    Struggles for Collective Rights
    Conclusion

    Chapter Six: ‘Human’ Rights for Profit
    Introduction
    The Corporate Victim
    Corporate Rights in Europe
    Corporate Rights at the Inter-American Court
    Corporate Law Trumps Human Rights Law
    Political Struggles for Corporate Rights
    Conclusion: New Mechanisms of Accountability for Corporate Human Rights Violations?
    Making Struggles Around Human Rights Visible
    Moving Towards a Treaty?
    A Peoples’ Tribunal?

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