Full Description
This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses.
Various means have been developed in Europe and elsewhere to hold businesses accountable to victims for human rights abuses. Techniques include legislating due diligence requirements for companies operating abroad, broadening court jurisdiction to include foreign companies having subsidiaries within a country, expanding international jurisdiction, promoting universal jurisdiction, and implementing international conventions and sanctions.
On the 15th anniversary of the 2011 UN Guiding Principles on Business and Human Rights, the book assesses whether the norms of the UN Guiding Principles have taken root in Asia, which has only had a mixed record for upholding human rights. The book first considers the international state of play in the field. It moves on to case studies of corporate governance and human rights in Asia (especially Japan, South Korea, India, Thailand, and the Philippines). It then examines emerging issues (environmental damage and climate change, crimes against humanity, and compliance programs and corporate criminal Responsibility), and considers how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.
Contents
Part 1: Introduction
1. Introduction, Jason Ho Ching Cheung (Albert Luk's Chambers, Hong Kong / Yodoyabashi & Yamagami LPC, Japan)
2. Litigations Against Corporations: Why Enforce Human Rights Against Multinationals?, Koh Matsuki (Proxy Watcher, Japan) and Antonia Burke (Antonia Burke Consultancy, Australia)
3. International Jurisdiction, Universal Jurisdiction, Extraterritoriality and the Enforcement of Human Rights Across Borders, Daichi Ishii (Institute of Science Tokyo, Japan)
4. The UN Guiding Principles: A Significant Step but not yet Delivering the Promised Corporate Respect for Human Rights, Ebony Birchall (Macquarie University, Australia)
5. A Decade of UN Business and Human Rights Treaty Negotiations: Something to See Here?, Antony Crockett (Herbert Smith Freehills LLP, Hong Kong) and Aaron Tang (Herbert Smith Freehills LLP, Hong Kong)
6. The EU Corporate Sustainability Due Diligence Directive: Challenges and Potentials in the ASEAN Context, Tamio Nakamura (Waseda university, Japan)
Part 2: Asian Case Studies of the Use of Civil Human Rights Litigation Against Corporations
7. Japan, Yasuaki Takeuchi (Permanent Mission of Japan to the International Organizations, Switzerland)
8. South Korea, Jong Hyeok Lee (Seoul National University, South Korea) and Youngsu Suh (Seoul National University, South Korea)
9. The Philippines, Ruby Rosselle "Ross" L. Tugade (University of the Philippines College of Law & Ateneo de Manila University)
10. Thailand, Shaati Chandramour (Thammasat University, Thailand)
11. India, Manoj Kumar Sinha (The West Bengal National University of Juridical Sciences, India), and Swaril Dania (The West Bengal National University of Juridical Sciences, India)
Part 3: Specific Issues
12. Environmental Damage and Climate Change: Climate Change Litigation between Private Parties in Asia, Daniel Linden (Waseda University, Japan)
13. Crimes Against Humanity, Jonathan Ip (ALSC Chambers, Hong Kong) and Jay Koon (Bernacchi Chambers, Hong Kong)
14. Corporate Crime, Compliance Programs, and Criminal Law: The UN Guiding Principles on Business and Human Rights in Japan and China, Shin Matsuzawa (Waseda University, Japan) and Ziqing Ruan (Waseda University, Japan)
15. Conclusion, Jason Ho Ching Cheung (Albert Luk's Chambers, Hong Kong / Yodoyabashi & Yamagami LPC, Japan) and Yuri Mukoji (Doshisha University, Japan)
