Corporations and Transnational Human Rights Litigation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Corporations and Transnational Human Rights Litigation PDF full book. Access full book title Corporations and Transnational Human Rights Litigation by Sarah Joseph. Download full books in PDF and EPUB format.
Author: Sarah Joseph
Publisher: Hart Publishing
ISBN: 1841134570
Category : Business & Economics
Languages : en
Pages : 190
Get Book Here
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: Sarah Joseph
Publisher: Hart Publishing
ISBN: 1841134570
Category : Business & Economics
Languages : en
Pages : 190
Get Book Here
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: Sarah Joseph
Publisher:
ISBN: 9781472563088
Category : Aliens
Languages : en
Pages : 177
Get Book Here
Book Description
Since the mid-1980s litigants have been exploring ways of holding multinational corporations [MNCs] liable for offshore human rights abuses in the courts of the company's home States. This study examines these developments and the procedural arguments which have been used to block litigation. Joseph from Monash University, Vic.
Author: Gwynne L. Skinner
Publisher: Cambridge University Press
ISBN: 110719931X
Category : Business & Economics
Languages : en
Pages : 199
Get Book Here
Book Description
This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Author: Dalia Palombo
Publisher: Bloomsbury Publishing
ISBN: 1509928030
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
"This book analyses the accountability of European home States for their failure to secure the human rights of victims coming 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 lacuna, this study proposes an innovative business and human rights litigation strategy. It illustrates why such a strategy is needed, pointing to the lack of effective legal remedies against European multinationals. The goal is to empower victims that come from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses"--
Author: Oonagh E. Fitzgerald
Publisher: McGill-Queen's Press - MQUP
ISBN: 1928096956
Category : Business & Economics
Languages : en
Pages : 346
Get Book Here
Book Description
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.
Author: Alice De Jonge
Publisher: Edward Elgar Publishing
ISBN: 0857930397
Category : Business & Economics
Languages : en
Pages : 257
Get Book Here
Book Description
This well-documented work will appeal to corporate leaders interested in understanding the related practicalities of international corporate liability as well as post-graduate students in international business and international policy studies. Policymakers, academics and researchers interested in a unique perspective on the future of the global corporation as an internationally responsible global citizen will find much to inte rest them in this book.
Author: Yousuf Aftab
Publisher:
ISBN: 9780433478607
Category : Human rights
Languages : en
Pages :
Get Book Here
Book Description
"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--
Author: Nadia Bernaz
Publisher: Taylor & Francis
ISBN: 1317233859
Category : Business & Economics
Languages : en
Pages : 326
Get Book Here
Book Description
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.
Author: Mark Gibney
Publisher: Routledge
ISBN: 1135121052
Category : Law
Languages : en
Pages : 385
Get Book Here
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: Zena Prodromou
Publisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 324
Get Book Here
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.
