Book Description
The distinction between t ...
Author : Larry Catá Backer
Publisher :
Page : 43 pages
File Size : 40,57 MB
Release : 2017
Category :
ISBN :
The distinction between t ...
Author : Mihaela Maria Barnes
Publisher : Cambridge University Press
Page : 341 pages
File Size : 13,81 MB
Release : 2021-12-02
Category : Law
ISBN : 1108832873
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
Page : 218 pages
File Size : 35,4 MB
Release : 2024-09-02
Category : Business & Economics
ISBN : 1040132111
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 : Mihaela Maria Barnes
Publisher :
Page : pages
File Size : 40,78 MB
Release : 2021
Category : Government business enterprises
ISBN : 9781108965859
"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 : Judith Schönsteiner
Publisher :
Page : 32 pages
File Size : 20,24 MB
Release : 2018
Category :
ISBN :
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 : Larry Catá Backer
Publisher :
Page : 22 pages
File Size : 43,64 MB
Release : 2016
Category :
ISBN :
This past summer, the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises delivered its 2016 Report to the U.N. Human Rights Council. The focus of that report was the relationship of states and state owned enterprises to the state duty to protect and the corporate responsibility to respect human rights at the core of the United Nations Guiding Principles for Business and Human Rights. Part II develops a deep analysis of the 2016 WG Report, interrogating its conceptual framework and its implantation programs. Part III then briefly considers the work left to be done: from conceptual lacunae to implementation. It consists of a set of ten (10) challenges and recommendations for further development. These recommendations and challenges suggest that issues of corporate personality, of sovereign immunity, of asset partition, and of the mania for compartmentalization that marks certain approaches to global economic and financial regulation may well hobble the work of embedding human rights within the operation of states as owners and SOEs as public enterprises. More importantly they suggest the difficulty of the current strongly held consensus that the focus of regulatory governance must be grounded in and through a formally constituted enterprise, the SOE, rather than focusing regulation on economic activity irrespective of the form in which it is undertaken. Until these conceptual issues are considered the regulation of economic activates -- SOEs, supply chains, multinational corporations, will remain elusive.
Author : Edimon Ginting
Publisher : Asian Development Bank
Page : 355 pages
File Size : 14,35 MB
Release : 2020-07-01
Category : Business & Economics
ISBN : 9292622838
State-owned enterprises (SOEs) play significant roles in developing economies in Asia and SOE performance remains crucial for economy-wide productivity and growth. This book looks at SOEs in Azerbaijan, Indonesia, Kazakhstan, the People's Republic of China, and Viet Nam, which together present a panoramic view of SOEs in the region. It also presents insights from the Republic of Korea on the evolving role of the public sector in various stages of development. It explores corporate governance challenges and how governments could reform SOEs to make them efficient drivers of the long-term productivity-induced growth essential to Asia's transition to high-income status.
Author : Ida Helene Anderson Tvedt
Publisher :
Page : 97 pages
File Size : 27,98 MB
Release : 2009
Category :
ISBN :
Author : Mr. Ernesto Ramirez Rigo
Publisher : International Monetary Fund
Page : 153 pages
File Size : 44,29 MB
Release : 2021-09-20
Category : Business & Economics
ISBN : 1513594087
Prior to the COVID-19 shock, the key challenge facing policymakers in the Middle East, North Africa, and Central Asia region was how to generate strong, sustainable, job-rich, inclusive growth. Post-COVID-19, this challenge has only grown given the additional reduction in fiscal space due to the crisis and the increased need to support the recovery. The sizable state-owned enterprise (SOE) footprint in the region, together with its cost to the government, call for revisiting the SOE sector to help open fiscal space and look for growth opportunities.
Author : World Bank Publications
Publisher : World Bank Publications
Page : 391 pages
File Size : 48,24 MB
Release : 2014-10-02
Category : Business & Economics
ISBN : 1464802297
This Toolkit provides an overall framework with practical tools and information to help policymakers design and implement corporate governance reforms for state-owned enterprises. It concludes with guidance on managing the reform process, in particular how to prioritize and sequence reforms, build capacity, and engage with stakeholders.