Corporations and Transnational Human Rights Litigation

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Release : 2004-08
Genre : Business & Economics
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Book Rating : 570/5 ( reviews)

Corporations and Transnational Human Rights Litigation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Corporations and Transnational Human Rights Litigation write by Sarah Joseph. This book was released on 2004-08. Corporations and Transnational Human Rights Litigation available in PDF, EPUB and Kindle. This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.

Business and Human Rights

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Release : 2020-02-06
Genre : Law
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Book Rating : 049/5 ( reviews)

Business and Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Business and Human Rights write by Dalia Palombo. This book was released on 2020-02-06. Business and Human Rights available in PDF, EPUB and Kindle. 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.

Transnational Corporations and Human Rights

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Release : 2020-08-20
Genre : Business & Economics
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Book Rating : 31X/5 ( reviews)

Transnational Corporations and Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Transnational Corporations and Human Rights write by Gwynne L. Skinner. This book was released on 2020-08-20. Transnational Corporations and Human Rights available in PDF, EPUB and Kindle. This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.

Corporate Human Rights Violations

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Release : 2016-12-08
Genre : Political Science
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Book Rating : 059/5 ( reviews)

Corporate Human Rights Violations - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Corporate Human Rights Violations write by Stefanie Khoury. This book was released on 2016-12-08. Corporate Human Rights Violations available in PDF, EPUB and Kindle. This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

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Release : 2020-08-12
Genre : Law
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Book Rating : 019/5 ( reviews)

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes write by Zena Prodromou. This book was released on 2020-08-12. The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes available in PDF, EPUB and Kindle. In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.