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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Corporate Accountability Under Socio-Economic Rights

ISBN13: 9781138288782
Published: August 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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In the past decade, companies have become increasingly aware of their corporate, social and human responsibilities. However, with the exception of a few isolated cases, access to justice has barely improved, particularly for or violations of socio-economic rights. In most cases of human rights violations by corporations the victims remain without the right to effective judicial protection. International law does not currently allow for the possibility of enforcing corporate responsibility for human rights, leaving victims to attempt to seek recourse in often inefficient and reluctant domestic courts.

This book asks how should transnational and other corporations most effectively respect and protect human rights without compromising their primary business objectives? The book identifies and analyses the theoretical foundations and the existing scope and nature of corporate accountability arising from economic and social rights at the international and national levels. Through careful analysis Jernej Letnar Cernic exposes the stark reality of the need for greater clarity in the socio-economic obligations and accountability of corporations. The book goes on to put forward a normative framework for corporate accountability for socio-economic rights in national legal orders building on existing mechanisms.

Human Rights and Civil Liberties
1. Introduction

Part 1: Fundamental principles
2. Globalisation, Investment and the Socio-Economic Environment
3. Business, Accountability and Socio-Economic Rights
4. Business, Socio-Economic Rights and Best Practices

Part 2: Corporate Accountability for Human Rights
5. Corporate Human Rights Obligations Under Socio-Economic Rights
6. Business and the Minimum Core of Socio-Economic Rights
7. Division of State and Corporate Obligations and Accountability
8. Access to Justice for Victims of Socio-Economic Abuses

Part 3: Case studies
9. Corporate Accountability under Socio-Economic Rights in Cambodia
10. Corporate Accountability under Socio-Economic Rights in China
11. Corporate Accountability under Socio-Economic Rights in Colombia

Part 4: Proposals for reform
12. Conclusion