Contracting Human Rights

Contracting Human Rights PDF Author: Alison Brysk
Publisher: Edward Elgar Publishing
ISBN: 1788112334
Category : Law
Languages : en
Pages : 311

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Book Description
By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. This multidisciplinary book contributes to building understanding of the maturation of human rights, from a dissident doctrine to a dynamic parameter of global governance and civil society. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, this book analyzes trends across multiple-issue areas.

Contracting Human Rights

Contracting Human Rights PDF Author: Alison Brysk
Publisher: Edward Elgar Publishing
ISBN: 1788112334
Category : Law
Languages : en
Pages : 311

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Book Description
By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. This multidisciplinary book contributes to building understanding of the maturation of human rights, from a dissident doctrine to a dynamic parameter of global governance and civil society. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, this book analyzes trends across multiple-issue areas.

Contracting Out of Human Rights

Contracting Out of Human Rights PDF Author: Amnesty International
Publisher: Amnesty International
ISBN:
Category : Political Science
Languages : en
Pages : 58

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Book Description
One of the largest private-sector investment projects in Africa is threatening human rights in Chad and Cameroon. A consortium of oil companies, led by ExxonMobil and including Chevron and Petronas, is extracting oil from the Doba oilfields in southern Chad and transporting it through a newly built 1,070 km pipeline to Cameroon's Atlantic coast. International law places the primary obligation for realising human rights on states. However, there is increasing recognition that responsibility for contributing to the protection of human rights extends to other actors in society, as acknowledged in the Universal Declaration of Human Rights. Amnesty International believes that companies have human rights responsibilities within their sphere of influence. These extend globally and are particularly relevant when companies operate in countries where grave violations of human rights are part of the context of their activities, as is the case in Chad and Cameroon. This report highlights the potential dangers to human rights posed by investment agreements underpining the pipeline project, as well as the need for a new approach to investment that ensures respect for human rights. Amnesty International calls on the governments, international financial institutions and companies involved in the Chad-Cameroon pipeline project to revise the investment agreements to include an explicit guarantee that nothing in them can be used to undermine either the human rights obligations of the states or the human rights responsibilities of the companies.

Guiding Principles on Business and Human Rights

Guiding Principles on Business and Human Rights PDF 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.

International Contracting

International Contracting PDF Author: Larry A. DiMatteo
Publisher: Kluwer Law International B.V.
ISBN: 9403528400
Category : Law
Languages : en
Pages : 804

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Book Description
For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University

Corporate Social Responsibility – Sustainable Business

Corporate Social Responsibility – Sustainable Business PDF Author: Rae Lindsay
Publisher: Kluwer Law International B.V.
ISBN: 9403522305
Category : Law
Languages : en
Pages : 630

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Book Description
In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.

Tracing the Roles of Soft Law in Human Rights

Tracing the Roles of Soft Law in Human Rights PDF Author: Stéphanie Lagoutte
Publisher: Oxford University Press
ISBN: 0198791402
Category : Law
Languages : en
Pages : 353

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Book Description
Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.

OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector

OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264290583
Category :
Languages : en
Pages : 192

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Book Description
The OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector helps enterprises implement the due diligence recommendations contained in the OECD Guidelines for Multinational Enterprises along the garment and footwear supply chain.

Building a Better World Cup

Building a Better World Cup PDF Author: Priyanka Motaparthy
Publisher:
ISBN: 9781564329004
Category : Construction workers
Languages : en
Pages : 146

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Book Description
"In December 2010, the small Gulf state of Qatar won its bid to host the 2022 World Cup--a first for an Arab country. Over the next decade the country will undertake massive new construction to support the quadrennial world championship soccer games. Underpinning this push is a vast army of migrant workers, who comprise a staggering 94 percent of Qatar's workforce--1.2 million of its 1.7 million residents--the highest percentage of migrants to citizens in the world. Qatar's World Cup selection means that worker recruitment will reach new heights: media have reported that over a million additional workers may be needed to carry out World Cup-related construction. Yet the deeply problematic working conditions of migrant workers throughout the country mean that realizing Qatar's World Cup vision may depend on their abuse and exploitation unless adequate measures are taken to address the human rights problems widespread in the construction industry in Qatar. This report documents pervasive employer exploitation and abuse of workers in Qatar's construction industry, made possible by an inadequate legal and regulatory framework that grants employers extensive control over workers and prohibits migrant workers from exercising their rights to free association and collective bargaining. It also addresses the government's failure to enforce those laws that at least on paper are designed to protect worker rights. It examines why violations of workers' rights go largely undetected, and looks at the barriers that workers face in reporting complaints or seeking redress. The report includes recommendations to the government on legal reforms and implementation mechanisms, and to the relevant private sector actors on public commitments that could alleviate such abuses moving forward."--P. [4] of cover.

Justice in Transactions

Justice in Transactions PDF Author: Peter Benson
Publisher: Belknap Press
ISBN: 0674237595
Category : Law
Languages : en
Pages : 625

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Book Description
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Research Handbook on Contract Design

Research Handbook on Contract Design PDF Author: Corrales Compagnucci, Marcelo
Publisher: Edward Elgar Publishing
ISBN: 1839102284
Category : Law
Languages : en
Pages : 480

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Book Description
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.