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The Cambridge Companion to Business and Human Rights Law

The Cambridge Companion to Business and Human Rights Law

Author: Ilias Bantekas; Michael Ashley Stein
Publisher: Cambridge University Press
ISBN: 9781108820721
Published In: September 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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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