Download or read book Corporate Obligations under International Law written by Markos Karavias and published by OUP Oxford. This book was released on 2013-11-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Download or read book Fundamental Rights and the Legal Obligations of Business written by David Bilchitz and published by Cambridge University Press. This book was released on 2021-11-11 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Download or read book Private International Law of Corporations written by Dr. Maria Kaurakova and published by Spiramus Press Ltd. This book was released on 2017-11-10 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Download or read book Corporations in and Under International Law written by Ignaz Seidl-Hohenveldern and published by Cambridge University Press. This book was released on 1987-06 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with two important aspects of the place of corporate bodies in international law. The author examines, first, in relation to both private and State-owned corporations, the problems of diplomatic protection, nationalization and State responsibility. Second, he discusses some problems of those corporate entities which owe their existence to international law, whether international organizations proper or common inter-State enterprises. These questions are all ones of continuing practical interest.
Download or read book Veiled Power written by Doreen Lustig and published by Law and Global Governance. This book was released on 2020-05-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Veiled Power conducts a thorough historical study of the relationship between international law and business corporations. It chronicles the emergence of the contemporary legal architecture for corporations in international law between 1886 and 1981. Doreen Lustig traces the relationship between two legal 'veils': the sovereign veil of the state and the corporate veil of the company. The interplay between these two veils constitutes the conceptual framework this book offers for the legal analysis of corporations in international law. By weaving together five in-depth case studies - Firestone in Liberia, the Industrialist Trials at Nuremberg, the Anglo-Iranian Oil Company, Barcelona Traction and the emergence of the international investment law regime - a variety of contexts are covered, including international criminal law, human rights, natural resources, and the multinational corporation as a subject of regulatory concern. Together, these case studies offer a multifaceted account of the history of corporations in international law over time. The book seeks to demonstrate the facilitative role of international law in shaping and limiting the scope of responsibility of the private business corporation from the late-nineteenth century and throughout the twentieth century. Ultimately, Lustig suggests that, contrary to the prevailing belief that international law failed to adequately regulate private corporations, there is a history of close engagement between the two that allowed corporations to exert influence under a variety of legal regimes while obscuring their agency.
Download or read book Corporate Environmental Accountability in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by Queen Mary Studies in Internat. This book was released on 2020 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intro -- General Principles for Business and Human Rights in International Law -- Copyright -- Table of Contents -- Preface -- Acknowledgments -- Abbreviations -- Table of Treaties -- Other International Instruments -- Table of Cases -- General Introduction -- The Heart of the Matter -- 1 Research Question and Outline of the Book -- 2 Note on Terminology -- 2.1 Corporations -- 2.2 General Principles of Law -- 2.3 Responsibility, Liability and Accountability -- 2.4 Corporate Social Responsibility and Business and Human Rights -- PART I A Public International Law Framework for Business and Human Rights -- Introduction -- 1 Business-Related International Human Rights Standards -- 1.1 The OECD Guidelines for Multinational Enterprises -- 1.2 The ILO Tripartite Declaration -- 1.3 The UN Global Compact -- 1.4 The UN Guiding Principles on Business and Human Rights -- 1.5 Non-Legally Binding Instruments (per se) -- 2 Corporations and Human Rights under Treaty Law -- 2.1 The Search for Corporate Obligations under Existing Human Rights Treaties -- 2.1.1 The Two UN Covenants -- 2.1.2 The ILO Core Labour Conventions -- 2.1.3 Regional Human Rights Treaties -- 2.2 The Drive for Corporate Obligations through a New Treaty -- 2.2.1 The UN International Code of Conduct for Transnational Corporations -- 2.2.2 The UN Draft Norms on Transnational Corporations -- 2.2.3 The Current Negotiations of a Treaty on Business and Human Rights -- 3 Corporations and Human Rights under Customary International Law -- 3.1 Human Rights as Customary International Law -- 3.2 Corporations as Addressees of Customary Human Rights Rules -- 3.3 The Plausibility of a Customary Rule on Corporate Liability -- 3.4 Corporations and the Making of Customary International Law -- 4 General Principles of Law: A Forgotten Source -- 4.1 The History of Article 38(1)(c) of the ICJ Statute.
Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Download or read book Liability of Multinational Corporations under International Law written by Menno T. Kamminga and published by BRILL. This book was released on 2021-12-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Corporate Personhood written by Kevin Crow and published by Routledge. This book was released on 2021-05-17 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book Building a Treaty on Business and Human Rights written by Surya Deva and published by Cambridge University Press. This book was released on 2017-10-19 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility and business and human rights.
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Download or read book International Corporate Legal Responsibility written by Stephen Tully and published by Kluwer Law International B.V.. This book was released on 2012-01-06 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.
