Full Description
This book explores how the rules of international responsibility can be applied to cases of human rights violations involving multinational corporations. The work invites readers to reflect on why international law fails in the context of business-related human rights abuses and at the same time how its potential can be harnessed to restore its adequacy in relation to this issue. It proposes a model of international responsibility that seeks to close accountability gaps related to corporate activities. Since the model addresses such issues as who bears responsibility, for what, where it is determined, and by whom, as well as what its consequences are, it offers a holistic perspective on the problem of business-related human rights abuses. This approach translates into a comprehensive mapping of the relevant sources of norms that govern the conduct of actors contributing to abuses and the available grievance mechanisms. The book engages with the recent developments in the field, such as the adoption of mandatory human rights due diligence laws in a number of states and the EU, as well as the ongoing business and human rights treaty negotiating process at the UN level. It also offers an overview of salient cases in this area, before both international and domestic courts and tribunals. The study will be of interest to academics, researchers and policy-makers working in the areas of international human rights law, business and human rights, and law and society.
Contents
1. International Law in the Context of Business and Human Rights: Flawed and Necessary Part 1: Public v. Private 2. Scenarios of Business-related Human Rights Abuses: Multiplicity and Differentiation of Wrongdoers 3. Attribution of Corporate Conduct to the State 4. International Human Rights Obligations of Corporations 5. Transcending the Public/Private Divide through Two Standards of Due Diligence Part 2: Hard Law v. Soft Law 6. Static Overview of Sources of Norms in the Business and Human Rights Normative Universe 7. Dynamic Overview of Sources of Norms in the Business and Human Rights Normative Universe Part 3: International v. Domestic 8. Substantive Dimension of the Integrated Approach to Remedy: Reparations for Victims of Business-related Human Rights Abuses 9. Procedural Dimension of the Integrated Approach to Remedy: Decentralization of the Grievance Mechanisms 10. Addressing Regime Collisions in Scenarios of Business-related Human Rights Abuses 11. Conclusion: Diagnoses and Solutions Offered by the Model of Hybrid Responsibility for Business-related Human Rights Abuses
