The Future of Business and Human Rights: Theoretical and Practical Considerations for a UN Treaty

Human Rights

The Future of Business and Human Rights: Theoretical and Practical Considerations for a UN Treaty

Edited by Letnar Cernic Jernej · Nicolas Carrillo-Santarelli
Intersentia Publishers February 2018

Specifications

ISBN-13
9781780684918
Publisher
Intersentia Publishers
Publication
February 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

It is an undeniable fact that corporations participate in human rights abuses throughout the world. Yet there is disagreement among scholars, politicians and business actors about the best approaches to preventing and responding to those abuses and whether it would be feasible to adopt a treaty on the matter.

This book explores the potential adoption of a treaty on business and human rights, first proposed by Ecuador and South Africa. Would such a treaty be practicable and what should its content be – should it regulate direct corporate obligations or extraterritorial obligations? How can experiences of other international legal regimes and developments in regional systems inform the global debate on business and human rights?

The Future of Business and Human Rights informs the reader – academics, practitioners and policy makers – about the current debate that is at centre of legal and diplomatic discussion.

Table of Contents

Introduction
Part I. The Convenience and Possibility of Adopting a Treaty on Business and Human Rights
Alternative Paths to a Business and Human Rights Treaty
A Defence of Direct International Human Rights Obligations of (All) Corporations
A Treaty on Business and Human Rights: Problems and Perspectives
Part II. Critical Analyses of a Treaty on Business and Human Rights
Considering a Treaty on Corporations and Human Rights: Mostly Failures but with a Glimmer of Success
'Band-Aids Don't Fix Bullet Holes': In Defence of a Traditional State-Centric Approach
Voluntary vs. Binding: Civil Society's Claim for a Binding Instrument
Part III. Regional Approaches
Business and Human Rights in the Americas: Defining a Latin American Route to Corporate Responsibility
The Applicability of Human Rights Treaties to Business Enterprises: A Cast Study of India
Reckless Business: Corporate Accountability for Atrocities
European Perspectives on the Business and Human Rights Treaty Initiative
Part IV. Lessons from Other Regimes of International Law
A Convention or a Recommendation? The Experience of International Labour Legislation
Lessons for the Treaty Process from the International Law Commission and International Environmental Law
Conclusion
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