Full 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.
Contents
Foreword
Acknowledgements
Notes on Contributors
Introduction by the Editors
Part 1: Towards International Rules Incumbent upon Companies
1 Corporate Human Rights Due Diligence: from the Process to the Principle
Ludovica Chiussi
2 A Binding Instrument on Business and Human Rights as a Source of International Obligations for Private Companies: Utopia or Reality?
Marco Fasciglione
3 International Investment Treaties as a Source of Human Rights Obligations for Investors
Giovanni Zarra
4 To What Extent Does International Law Matter in the Field of Business and Human Rights?
Andrea Spagnolo
5 The EU Charter of Fundamental Rights as the Source of Judicially Enforceable Obligations to the Activity of Private Companies
Monica Parodi
Part 2: The Contribution of Companies to the Development of Business and Human Rights Law
6 Direct and Indirect Involvement of Companies in the Development of Business and Human Rights Law: Insights from Practice
Diego Mauri
7 Multi-stakeholder Initiatives and New Models of Co-regulation in the Field of Business and Human Rights
Enzamaria Tramontana
8 The Role of Corporations as Standards Setters: the Case of Business Actors Involved in the Development and Deployment of Artificial Intelligence Tools
Elena Carpanelli
Part 3: Hardening the 'Softness' of Business and Human Rights Regulation
9 National Action Plans and their Legal Value
Marta Bordignon
10 Hardening Soft Law: the Implementation of Human Rights Due Diligence Requirements in Domestic Legislations
Chiara Macchi and Claire Bright
11 From Soft International Law on Business and Human Rights to Hard EU Legislation?
Francesco Luigi Gatta
12 Human Rights Clauses in Public Procurement: a New Tool to Promote Human Rights in (States') Business Activities?
Edoardo Alberto Rossi
13 The Unbearable Lightness of European Security and Markets Authority's Soft Law: an Italian Perspective
Jacopo Alberti
Conclusion
Angelica Bonfanti
Index
