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

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

Author: Dalia Palombo
Publisher: Hart Publishing
ISBN: 9781509954674

Published In: August 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509928033

List Price: HKD 519.87

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Description
Contents

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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.

1. The Case for Legal Reform

I. From States to Non-State Actors

II. The Legal Framework for Multinational Enterprises

A. Primary and Secondary Rules

B. The Standards of Conduct and Review

C. The Third Agency Problem

III. The Avenues for Legal Change

A. Soft Law: Blaming and Shaming

B. Litigation Against Companies in Domestic Courts

C. Litigation Against States

IV. The Perspective of Victims

A. Case Studies