Multinationals and Human Rights in Asia

Author: Jason Ho Ching Cheung; Kazuaki Nishioka
Publisher: Hart Publishing
ISBN: 9781509980406

Published In: April 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses.

Various means have been developed in Europe and elsewhere to hold businesses accountable to victims for human rights abuses. Techniques include legislating due diligence requirements for companies operating abroad, broadening court jurisdiction to include foreign companies having subsidiaries within a country, expanding international jurisdiction, promoting universal jurisdiction, and implementing international conventions and sanctions.

On the 15th anniversary of the 2011 UN Guiding Principles on Business and Human Rights, the book assesses whether the norms of the UN Guiding Principles have taken root in Asia, which has only had a mixed record for upholding human rights. The book first considers the international state of play in the field. It moves on to case studies of corporate governance and human rights in Asia (especially Japan, South Korea, India, Thailand, and the Philippines). It then examines emerging issues (environmental damage and climate change, crimes against humanity, and compliance programs and corporate criminal Responsibility), and considers how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.

Part 1: Introduction

1. Introduction, Jason Ho Ching Cheung (Albert Luk's Chambers, Hong Kong / Yodoyabashi & Yamagami LPC, Japan)

2. Litigations Against Corporations: Why Enforce Human Rights Against Multinationals?, Koh Matsuki (Proxy Watcher, Japan) and Antonia Burke (Sea of Nations, Australia)

3. International Jurisdiction, Universal Jurisdiction, Extraterritoriality and the Enforcement of Human Rights Across Borders, Daichi Ishii (Institute of Science Tokyo, Japan)

4. The UN Guiding Principles: A Significant Step but not yet Delivering the Promised Corporate Respect for Human Rights, Ebony Birchall (Macquarie University, Australia)

5. A Decade of UN Business and Human Rights Treaty Negotiations: Something to See Here?, Antony Crockett (Herbert Smith Freehills Kramer, Hong Kong), Aaron Tang (Herbert Smith Freehills Kramer, Hong Kong) and Jefferi Hamzah Sendut (Herbert Smith Freehills Kramer LLP, London)

6. The EU Corporate Sustainability Due Diligence Directive: Challenges and Potentials in the ASEAN Context, Tamio Nakamura (Waseda University, Japan)

Part 2: Asian Case Studies of the Use of Civil Human Rights Litigation Against Corporations

7. Japan, Jason Ho Ching Cheung (Albert Luk's Chambers, Hong Kong / Yodoyabashi & Yamagami LPC, Japan), Kenneth Tsui (University of Hong Kong) and Matthew Wong (University of Hong Kong)

8. South Korea, Jong Hyeok Lee (Seoul National University, South Korea) and Youngsu Suh (Supreme Court of Korea, South Korea)

9. The Philippines, Ruby Rosselle "Ross" Tugade (University of New South Wales Sydney, Australia / University of the Philippines, the Philippines)

10. Thailand, Shaati Chandramour (Thammasat University, Thailand)

11. India, Manoj Kumar Sinha (Dharmashastra National Law University, Jabalpur, Madhya Pradesh, India), and Swaril Dania (Bennett University, Greater Noida, India)

Part 3: Specific Issues

12. Environmental Damage and Climate Change: Climate Change Litigation between Private Parties in Asia, Daniel Linden (Waseda University, Japan)

13. Crimes Against Humanity, Jonathan Ip (ALSC Chambers, Hong Kong) and Jay Koon (Bernacchi Chambers, Hong Kong)

14. Corporate Crime, Compliance Programs, and Criminal Law: The UN Guiding Principles on Business and Human Rights in Japan and China, Shin Matsuzawa (Waseda University, Japan) and Ziqing Ruan (Waseda University, Japan)

15. Conclusion, Jason Ho Ching Cheung (Albert Luk's Chambers, Hong Kong / Yodoyabashi & Yamagami LPC, Japan) and Yuri Mukoji (Doshisha University, Japan)