Attribution of State Responsibility for Actions Or Omissions of State-Owned Enterprises in Human Rights Matters PDF Download
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Author: Judith Schönsteiner
Publisher:
ISBN:
Category :
Languages : en
Pages : 32
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Book Description
State-owned enterprises (SOE) carry out important activities in many countries, often generating considerable negative impact regarding the enjoyment of human rights. This paper addresses issues of attribution of responsibility in international customary law and international human rights law, considering that international remedies are one of the possible venues for access to justice in case national redress fails. The question is whether responsibility only arises when the State does not comply with its duty of SOEs' human rights impact, or whether acts and/or omissions by SOEs may also be directly attributable to the State. Finally, the paper looks into a recent proposal that it is necessary to use piercing the veil theories in order to complement theories of state responsibility, and evaluates its usefulness for international human rights law. The article argues, innovating on this point, that SOEs are the only business entities, which have, as of now, direct responsibilities under international law lege lata.
Author: Judith Schönsteiner
Publisher:
ISBN:
Category :
Languages : en
Pages : 32
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Book Description
State-owned enterprises (SOE) carry out important activities in many countries, often generating considerable negative impact regarding the enjoyment of human rights. This paper addresses issues of attribution of responsibility in international customary law and international human rights law, considering that international remedies are one of the possible venues for access to justice in case national redress fails. The question is whether responsibility only arises when the State does not comply with its duty of SOEs' human rights impact, or whether acts and/or omissions by SOEs may also be directly attributable to the State. Finally, the paper looks into a recent proposal that it is necessary to use piercing the veil theories in order to complement theories of state responsibility, and evaluates its usefulness for international human rights law. The article argues, innovating on this point, that SOEs are the only business entities, which have, as of now, direct responsibilities under international law lege lata.
Author: Mihaela Maria Barnes
Publisher: Cambridge University Press
ISBN: 1108832873
Category : Law
Languages : en
Pages : 341
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Book Description
Examines the fundamental role played by international law in the regulation of State-owned entities from a human rights perspective.
Author: Judith Schönsteiner
Publisher: Taylor & Francis
ISBN: 1040132111
Category : Business & Economics
Languages : en
Pages : 218
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Book Description
This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.
Author: James Crawford
Publisher: Oxford University Press
ISBN: 0199296979
Category : Law
Languages : en
Pages : 1364
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Book Description
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
Author: Mihaela Maria Barnes
Publisher:
ISBN: 9781108965859
Category : Government business enterprises
Languages : en
Pages :
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Book Description
"The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. To this end, State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had an important role in the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities, since the direction of influence goes both ways. By focusing on a different type of actor, the State-owned or State-controlled business entity, as opposed to the private corporation, the monograph aims to offer an alternative perspective on corporations and human rights, and it demonstrates the fundamental role that international law has to play in addressing some of the human rights challenges associated with State corporate ownership"--
Author: Julien Chaisse
Publisher: Springer Nature
ISBN: 9811913684
Category : Law
Languages : en
Pages : 727
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Book Description
This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.
Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1316195384
Category : Law
Languages : en
Pages : 399
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Book Description
The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
Author: Panagiotis Delimatsis
Publisher: Bloomsbury Publishing
ISBN: 1509962999
Category : Law
Languages : en
Pages : 359
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Book Description
This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.
Author: Melissa J. Durkee
Publisher: Cambridge University Press
ISBN: 1009334670
Category : Law
Languages : en
Pages : 303
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Book Description
Corporations and states are creatures of law that claim rights, trade roles, and avoid responsibility based on legal concepts in international and domestic law. Using the concept of "attribution" as a touchstone, this cross-disciplinary book explores the law's diverse ways of constructing the identities and responsibilities of firms and states.
Author: Katia Yannaca-Small
Publisher:
ISBN: 0195340698
Category : Business & Economics
Languages : en
Pages : 790
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Book Description
Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.
