Accountability, International Business Operations and the Law: Providing Justice for Corporate Human Rights Violations in Global Value Chains

ISBN-13: 9781032083209 / Angielski / Miękka / 2021 / 318 str.

Liesbeth Enneking; Ivo Giesen; Anne-Jetske Schaap

Opis

This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. This book combines legal-doctrinal approaches with comparative, interdisciplinary and policy insights.

Spis treści

Part 1 General perspectives;

Chapter 1 Introduction;

Chapter 2 Whose Responsibilities? The Responsibility of the ‘Business Enterprise’ to Respect Human Rights;

Chapter 3 National Contact Points under OECD’s Guidelines for Multinational Enterprises: Institutional Diversity Affecting Assessments of the Delivery of Access to Remedy;

Chapter 4 Unpacking Accountability in Business and Human Rights: The Multinational Enterprise, the State, and the International Community;

Part 2 Accountability through international law mechanisms;

Chapter 5 The Effectiveness of International Arbitration to Provide Remedy for Business-Related Human Rights Abuses;

Chapter 6 Justice without Borders: Models of Cross-Border Legal Cooperation and What They can Teach us;

Chapter 7 Ignorantia facti excusat? – The Viability of Due Diligence as a Model to Establish International Criminal Accountability for Corporate Actors Purchasing Natural Resources from Conflict Zones;

Part 3 Accountability through domestic public law mechanisms;

Chapter 8 From ‘Too Big to be Governed’ to ‘Not Too Big to be Responsible’?;

Chapter 9 Holding Businessmen Criminally Liable for International Crimes: Lessons from the Netherlands on How to Address Remote Involvement;

Chapter 10 Legally Binding Duties for Corporations under Domestic Criminal Law Not to Commit Modern Slavery;

Part 4 Accountability through domestic private law mechanisms;

Chapter 11 Limited Liability and Separate Corporate Personality in Multinational Corporate Groups: Conceptual Flaws, Accountability Gaps and the Case for Profit-Risk Liability;

Chapter 12 The Swiss Federal Initiative on Responsible Business – From Responsibility to Liability

Chapter 13 The Mismatch between Human Rights Policies and Contract Law: Improving Contractual Mechanisms to Advance Human Rights Compliance in Supply Chains;

Part 5 Conclusion;

Chapter 14 Accountability, International Business Operations and The Law: The Way Forward;

O autorze

Liesbeth Enneking is Endowed Professor on the Legal Aspects of International Corporate Social Responsibility at Erasmus School of Law, Erasmus University Rotterdam.

Ivo Giesen is Professor of Private Law, member of Utrecht Centre for Accountability and Liability Law (UCALL) and Head of Utrecht School of Law, Utrecht University.

Anne-Jetske Schaap is PhD candidate at UCALL and the Criminal Law department of Utrecht School of Law, Utrecht University.

Cedric Ryngaert is Professor of Public International Law and member of UCALL, Utrecht School of Law, Utrecht University.

François Kristen is Professor of Criminal Law and Criminal Procedure and program leader of UCALL, Utrecht School of Law, Utrecht University.

Lucas Roorda is policy advisor at the Netherlands Institute for Human Rights and PhD candidate at UCALL and the International and European Law department of Utrecht School of Law, Utrecht University.