Business / Commercial Law Environmental / Energy Law Human Rights

Business, Human Rights and the Environment: The Evolving Agenda

By Chiara Macchi
T.M.C. Asser Press April 2022

Specifications

ISBN-13
9789462654785
Publisher
T.M.C. Asser Press
Publication
April 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the 'protect, respect, remedy' trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments.

The monograph by Macchi proposes a functionalist reading of the state's duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence.

In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains.

Table of Contents

Chapter 1. Introduction
Part I. The State Duty to Protect
Chapter 2. Responsibility Beyond Borders: Business, Human Rights, Climate Change and the State
Part II. The Corporate Responsibility to Respect Human Rights
Chapter 3. The Normative Foundation of the Corporate Responsibility to Respect: A Critical Analysis
Chapter 4. From Nuremberg to Climate Change: The Corporate Responsibility to Respect
Chapter 5. Human Rights and Environmental Due Diligence
Part III. Remedies
Chapter 6. Business and Human Rights Litigation: Evolution and Trends
Part IV. Looking Forward: Pathways to Improved State and Corporate Accountability
Chapter 7. Towards a Business and Human Rights Binding Treaty: Opportunities and Challenges
Chapter 8. Conclusions

Bibliography
Index
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