Business and Human Rights: The Obligations of the European Home States

Human Rights

Business and Human Rights: The Obligations of the European Home States

By Dalia Palombo
Hart Publishing February 2020

Specifications

ISBN-13
9781509928033
Publisher
Hart Publishing
Publication
February 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book aims to provide an analysis of the accountability of European home states for their failure to secure protection for the victims of human rights caused by the activities of their business enterprise nationals in their operation in other states.

It argues for the 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 lacuna, this study proposes an innovative business and human rights litigation strategy. It illustrates why such a strategy is needed, pointing to the lack of effective legal address against European multinationals.

Table of Contents

1. The Case for Legal Reform
I. From States to Non-State Actors
II. The Legal Framework for Multinational Enterprises
III. The Avenues for Legal Change
IV. The Perspective of Victims
2. The Obligations of Multinational Companies
I. Remedies in the Host State
II. Remedies in the Home State
3. The International Legal Obligations of States
I. The Nature of State Obligations
II. The Positive Obligation to Secure that Enterprises Respect Human Rights in the European Convention on Human Rights
III. The Application to the Case Studies
IV. Conclusion
4. Extraterritoriality
I. Lex Lata: Extraterritoriality in the European Convention on Human Rights
II. Lex Ferenda: The State's Duties and Multinational Enterprises
III. The Extraterritorial Application to the Case Studies
IV. Conclusion
5. An Agenda for Legal Reform
I. Duty to Protect
II. Duty to Fulfil
III. Conclusion
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