The Cambridge Companion to Business and Human Rights Law

Business / Commercial Law › Human Rights

The Cambridge Companion to Business and Human Rights Law

Edited by Ilias Bantekas · Michael Ashley Stein
Cambridge University Press September 2021

Specifications

ISBN-13
9781108820721
Publisher
Cambridge University Press
Publication
September 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.

Table of Contents

Part I. Conceptual Framework:
1. The links between business and human rights under international law and the role of non-state actors Ilias Bantekas
2. International trade and human rights
Francesco Seatzu
3. Neo-liberalism, state-capitalism and European ordo-liberalism: why power politics and 'constitutional failures' undermine economic law and human rights law
Ulrich Petersmann
4. Corporate governance and corporate social responsibility
John Paterson
5. The role of business in international development and the attainment of the sustainable development goals
Katerina Akestoridis
6. The business and economic case for human rights
Dorothee Baumann-Pauly and Lilach Trabelsi
7. The business and economic case for human rights
Maximilian Schormair
Part II. Regulatory Framework:
8. The UN guiding principles and its predecessors
Surya Deva
9. The regulatory framework of multinational enterprises
Peter Muchlinski
10. The UN global compact and the OECD guidelines on multinational enterprises and their enforcement mechanisms
Andreas Rasche
11. Taxation and business with a focus on the human rights dimension of transfer pricing and other corporate tax practices
Reuven Avi-Yonah
12. Corporate accountability for the natural environment and climate change
Damilola Olawuyi
13. Corporate accountability for corruption and the business case for transparency
Philip Nichols
14. Implementation of the convention on the rights of disabled persons by corporations
Michael Ashley Stein
15. Gender, business and human rights
Jessica Corsi
16. The business sector and the rights to work and just and favorable conditions of work
Marija Jovanovic
17. Ethical and responsible lending to sovereigns, credit rating agencies and export credit as drivers of human rights
Aline Darbellay Susso
18. Intellectual property rights and human rights
Molly Land and Lea M. Nesselhauf
Part III. Remedies and Dispute Resolution:
19. Remedies (judicial and settlements) against business for breaches of human rights
Richard Meeran
20. The role of human rights in foreign investment law and arbitration
Silvia Karin Steininger
21. An international business and human rights tribunal
Judith Levine and Sarah Castles
22. Innovative contractual remedies with indigenous peoples
Kinnari Bhatt
Part IV. Practical Enforcement Tools:
23. Legal, ethical and practical dimensions of human rights impact assessments and successful case studies Ilias Bantekas
24. Drafting a corporate (sustainability) audit report
Chiara Ferracioli and Julien Parkhomenko
25. The consumer case for sustainable business practices: lessons for corporations
Anna Triponel
26. Effectively monitoring business global supply chains and addressing host state pressure to decrease human rights standards
Tam Nguyen
27. A business and human rights treaty
Ilias Bantekas
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