Business and Human Rights as Law: Towards Justiciability of Rights, Involvement, and Remedy

Law

Business and Human Rights as Law: Towards Justiciability of Rights, Involvement, and Remedy

Edited by Yousuf Aftab · Audrey Mocle
LexisNexis Canada March 2019

Specifications

ISBN-13
9780433478607
Publisher
LexisNexis Canada
Publication
March 2019
Format
Paperback
Jurisdiction
Canada ? Countri(es) for reference only

Details

As the authors explain in the Introduction to this book, the United Nations Guiding Principles on Business and Human Rights are transforming corporate responsibility from public relations art to legal science.

While the Guiding Principles are soft law, their definition of business respect for human rights has inspired a paradigm shift in human rights-related corporate legal risk through a wave of national legislation and transnational litigation. The contours of the emerging legal risk, however, are vague.

Business and Human Rights as Law: Towards Justiciability of Rights, Involvement, and Remedy is the first text to subject the Guiding Principles’ foundational concepts to legal analysis in search of precise, practical, and replicable guidance.

The result is a unique blend of theory and practice—illustrated through complex, real-world examples—to help lawyers and judges unearth the objective bases of corporate human rights responsibility and liability.

Table of Contents

Chapter 1: Introduction: Towards justiciability
A. The evolution of corporate responsibility
B. The justiciability challenge
C. Overview of this book
D. Our interpretive approach

Chapter 2: Legal risk
A. Introduction: Business and human rights as a legal science
B. Litigation: Adjudicating responsibility for human rights
C. Legislation: The grand experiment
D. International treaty
E. Towards a justiciable standard of care for business and human rights

Chapter 3: Rights
A. Introduction
B. The structure of rights
C. The structure of human rights
D. A typology of human rights
E. The Guiding Principles and the two dimensions of rights
F. Conclusion

Chapter 4: Involvement
A. Introduction
B. Fact pattern: Modern slavery and the financial sector
C. Cause or contribute
D. Omission
E. Directly linked
F. Conclusion
G. Case studies: Cause and contribute
H. Case studies: Directly linked

Chapter 5: Grievance mechanisms
A. Introduction
B. Case study: Overview of the Framework
C. Assessment of the Framework
D. Lessons from the Framework
Appendix: Indicators for an adjudicative operational-level grievance mechanism

Chapter 6: Rights-compatible remedy
A. Introduction
B. Effective remedy in international law
C. Conclusion

Postscript: A word of caution and a call to arms
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