Business and Human Rights


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.




The Cambridge Companion to Business and Human Rights Law


Book Description

How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.




Guiding Principles on Business and Human Rights


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.




Human Rights Obligations of Business


Book Description

This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.




Business and Human Rights


Book Description

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.




Regulating Corporate Human Rights Violations


Book Description

The quest to establish an effective regulatory mechanism to ensure that corporations comply with human rights responsibilities has gained momentum in the last decade or so, however, despite these efforts, no robust regulatory mechanism is in sight to provide effective remedies to victims of corporate human rights abuses. Against this background this book provides a theoretical framework to overcome regulatory challenges experienced in holding multinational corporations (MNCs) accountable for violation of human rights.




Business and Human Rights


Book Description

Explores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles.




Legal Sources in Business and Human Rights


Book Description

Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.




Corporate Social Responsibility, Human Rights and the Law


Book Description

Corporate Social Responsibility, Human Rights and the Law examines the responsibilities of business enterprises for human rights from a legal perspective. It analyses the legal status of the ‘corporate responsibility to respect human rights’ as articulated by the United Nations Guiding Principles on Business and Human Rights (UNGPs). This concept currently reflects an international consensus and is promoted by the UN. The book contemplates the various founding perspectives of the UNGPs, and how the integration of notions such as ‘principled pragmatism’ and ‘polycentric governance’ within its framework provides insights into the future course of law and policy, compliance, and corporate respect for human rights. The book thus takes a global focus, examining the interaction of Corporate Social Responsibility (CSR), human rights, and the law in a broader global governance context. Setting out a possible future scenario for the legalization of the corporate responsibility to respect human rights that is informed by the UNGPs' founding perspectives and reflects current realities in the human rights landscape, this book will be of great interest to scholars of business ethics, international human rights law, and CSR more broadly.




Human Rights Law and Corporate Regulation


Book Description

This book argues for an intensely humanist engagement with the company and presents a model of company regulation that is compatible with the protection, respect for and fulfilment of human rights. Dr Barrett provides a theoretical framing for corporate regulation in the context of human rights States. He argues that States which have ratified the fundamental human rights instruments should, on principle, exclude bodies corporate from the human rights ecosystem, except to the degree necessary to respect property rights of humans and human rights in business. He therefore develops a ‘neo-concession’ account of the corporation as the basis for a model of corporate regulation to protect human rights. The book outlines and recommends the principal features of a company under a neo-concession model, and the role of regulators in furthering the State’s human right obligations. It also delves into the potential issues of technological developments, including decentralised autonomous organisations, and the lessons policymakers can gain from First Nations’ approaches to business. This is a thought-provoking volume that will appeal to scholars in the disciplines of human rights law and corporate governance, as well as policymakers and regulators interested in regulating business for greater societal good.