Business and Human Rights

Business and Human Rights
Author: Dalia Palombo
Publisher: Bloomsbury Publishing
Total Pages: 265
Release: 2020-02-06
Genre: Law
ISBN: 1509928049

This book analyses the accountability of European home States for their failure to secure the human rights of victims 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 gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Corporations and Transnational Human Rights Litigation

Corporations and Transnational Human Rights Litigation
Author: Sarah Joseph
Publisher: Hart Publishing
Total Pages: 190
Release: 2004-08
Genre: Business & Economics
ISBN: 1841134570

This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.

Litigating Transnational Human Rights Obligations

Litigating Transnational Human Rights Obligations
Author: Mark Gibney
Publisher: Routledge
Total Pages: 385
Release: 2013-10-30
Genre: Law
ISBN: 1135121052

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.

A Transnational Human Rights Approach to Human Trafficking

A Transnational Human Rights Approach to Human Trafficking
Author: Yoon Jin Shin
Publisher: BRILL
Total Pages: 327
Release: 2017-11-06
Genre: Law
ISBN: 9004311149

In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights. Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.

Transnational Corporations and Human Rights

Transnational Corporations and Human Rights
Author: Gwynne L. Skinner
Publisher: Cambridge University Press
Total Pages: 199
Release: 2020-08-20
Genre: Business & Economics
ISBN: 110719931X

This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.

International Human Rights Litigation in U.S. Courts

International Human Rights Litigation in U.S. Courts
Author: Beth Stephens
Publisher: Hotei Publishing
Total Pages: 408
Release: 1996
Genre: Law
ISBN:

Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.

The Slave Trade and the Origins of International Human Rights Law

The Slave Trade and the Origins of International Human Rights Law
Author: Jenny S. Martinez
Publisher: OUP USA
Total Pages: 264
Release: 2012-01-04
Genre: History
ISBN: 0195391624

There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

Torture as Tort

Torture as Tort
Author: Craig Martin Scott
Publisher: Bloomsbury Publishing
Total Pages: 493
Release: 2001-05-22
Genre: Law
ISBN: 1847316808

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.

Social Institutions and International Human Rights Law

Social Institutions and International Human Rights Law
Author: Julie Fraser
Publisher: Cambridge University Press
Total Pages: 339
Release: 2020-08-06
Genre: Law
ISBN: 1108489575

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.