State-owned Entities and Human Rights


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"--




State-Owned Entities and Human Rights


Book Description

Examines the fundamental role played by international law in the regulation of State-owned entities from a human rights perspective.




Human Rights and Environmental Sustainability in State-Owned Enterprises


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 in 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"--







Chinese State-Owned Enterprises and Human Rights


Book Description

The growing global prominence of Chinese state-owned enterprises (SOEs) makes it increasingly important to recognize that multinational corporations (MNCs) can be subject to conflicting human rights pressures at the transnational, national, and intra-organizational levels. We here construct a three-level framework that maps these various human rights pressures, and use it to identify and analyse the human rights that Chinese SOEs report concern with. Our analysis suggests that whilst China's most global SOEs are subject to transnational pressures to respect all human rights, such pressures appear outweighed by those encouraging them to concentrate upon only some human rights - i.e. economic, social and cultural rights - within their national and intra-organizational environment. We conclude by identifying a number of ways in which our conceptual framework and empirical findings can inform future research.




Attribution of State Responsibility for Actions Or Omissions of State-Owned Enterprises in Human Rights Matters


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.




The Cambridge Companion to Business and Human Rights Law


Book Description

An innovative textbook setting out a systematic approach to business and human rights.




Business and Human Rights


Book Description

In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.




Human Rights and Environmental Sustainability in State-Owned Enterprises


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.