General Principles for Business and Human Rights in International Law

General Principles for Business and Human Rights in International Law
Author: Ludovica Chiussi Curzi
Publisher: BRILL
Total Pages: 404
Release: 2020-10-26
Genre: Law
ISBN: 9004440038

In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

Private International Law Aspects of Corporate Social Responsibility

Private International Law Aspects of Corporate Social Responsibility
Author: Catherine Kessedjian
Publisher: Springer Nature
Total Pages: 697
Release: 2020-03-06
Genre: Law
ISBN: 3030351874

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Legal Sources in Business and Human Rights

Legal Sources in Business and Human Rights
Author: Martina Buscemi
Publisher: BRILL
Total Pages: 353
Release: 2020-06-02
Genre: Law
ISBN: 9004401180

Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.

Solidarity in International Law

Solidarity in International Law
Author: Leonardo Pasquali
Publisher: Taylor & Francis
Total Pages: 363
Release: 2022-12-29
Genre: Law
ISBN: 1000854639

The principle of solidarity is particularly important now because it is in juxtaposition to some current self-centered trends in politics: the crises that have upset the world in recent years, such as migrations, hegemonic aspirations, pandemics, and wars, have made self-evident the inadequacy of such selfish politics. It therefore seems very useful to understand the role that solidarity could play in contemporary scenarios. This book thus collects various contributions on the principle of solidarity in international law. Firstly, it reconstructs the foundations of solidarity in law and investigates the origins of the principle. Subsequently, it tries to ascertain if solidarity exists as a principle in international law and, if so, what its scope is. The book then examines the eventual implementation of the principle of solidarity in regional organizations law: the question is whether solidarity is more effective and if it is actually better fulfilled when relationships between states get stronger, such as in regional and sub-regional organizations. Such implementation is notable in EU Law, but the analysis also involves other regional and sub-regional organizations, namely the African Union, ECOWAS, the League of Arab States, and MERCOSUR. This book takes into account not only some distinctive areas of solidarity, such as migration law, or specific institutional contexts where solidarity is a declared principle, objective or value, for example, the European Union, but it also considers whether, and to what extent, the manifestations of solidarity differ in disparate settings, trying to discover the reasons behind such divergences. The book will be of interest to researchers and academics in the areas of International Law, International Organizations Law, European Law, Human Rights Law, Business Law, and Constitutional Law.

Digital Platforms and Global Law

Digital Platforms and Global Law
Author: Bassan, Fabio
Publisher: Edward Elgar Publishing
Total Pages: 168
Release: 2021-11-17
Genre: Law
ISBN: 1800889437

Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders and concludes that the power of states to impose rules on platforms is different in terms of their external (in relation to other platforms and states) and internal (in their own legal system) action.

African Human Rights Yearbook Volume 4 2020

African Human Rights Yearbook Volume 4 2020
Author:
Publisher: Pretoria University Law Press
Total Pages: 540
Release: 2020-01-01
Genre: Law
ISBN:

The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 4 of the Yearbook, published in 2020, contains 24 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 4 de l’Annuaire, publié en 2020, contient 24 contributions de chercheurs du continent et d’ailleurs.

The Human Right to Water and International Economic Law

The Human Right to Water and International Economic Law
Author: Roberta Greco
Publisher: Routledge
Total Pages: 331
Release: 2022-05-05
Genre: Business & Economics
ISBN: 1000217469

This book discusses the international right to water and the liberalization of water services. It is concerned with the harmonization of the right to water with the legal systems under which liberalization of water services has taken or may take place. It assesses paths of harmonization between international human rights law and international economic law in this specific field. The issue of the compatibility between the fulfilment of the right to water and the liberalization of water services has been at the heart of a passionate public debate between opponents and advocates of the privatization of the utility. The book provides an unbiased analysis of different international legal regimes under which the liberalization of water services has occurred or is likely to occur, notably international investment law, international trade law and European Union law, in order to assess whether the main features of the right to water can be guaranteed under each of these systems of law and whether there is space for prospective harmonization. The work will be an invaluable resource for academics, researchers and policy-makers working in the areas of International Human Rights Law, International Economic Law, International Water Law, International Trade Law and EU Law.