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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Human Rights and Business: A Policy-Oriented Perspective

ISBN13: 9789004279865
Published: December 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £155.00

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This book addresses the ever more urgent question as to whether individuals, indigenous peoples or other vulnerable groups should be entitled to remedies under international law for violations of their human rights by transnational corporations.

Using the tools of policy-oriented jurisprudence, the author analyzes, in great historical and cross-cultural detail, the various claims involved, including the status of corporations and their purpose and growth beyond borders in the era of globalization; countervailing demands for respect and rights of individuals and groups; the changing role of the nation-state in international law; movements for corporate social responsibility and corporate accountability; trends in decision both domestically and internationally; as well as voluntary codes. Her appraisal of past decisions and suggestions leads her to conclude that only binding international legal remedies against transnational corporations can fully address the legitimate claims of individuals or groups.

Human Rights and Civil Liberties
Excerpt of table of contents:

CHAPTER 1 The New Haven School and the Human Rights and Business Debate
I. Why the New Haven School?
A. What is Law?
B. Criticisms of the New Haven School
II. The Challenges in Applying the New Haven School to the Human Rights and Business Debate
III. What is International Law?
IV. Conclusion

CHAPTER 2 Delimitation of the Problem
I. Tools of the Trade
A. Clarification of Observational Standpoint
B. The Observational Standpoint of Key Decision Makers (Problem Solvers) in The Human Rights and Business Debate
II. Delimitation of the Problem Under a Policy-Oriented Jurisprudence Analysis
III. Geopolitical Drivers in the Human Rights and Business Debate
A. Transnational Corporations: Searching for New Markets – A Geopolitical Strategy
B. The Politics of Lebransraum and the Emergence of Transnational Corporations
IV. A Historical Overview of Corporations
A. Judicial Activism Eviscerates Constitutional Law: The Santa Clara Decision
V. The Business of Business: Corporate Social Responsibility and Human Rights
A. Corporate Social Responsibility (CSR): Definitions
B. Arguments for and against CSR

CHAPTER 3 Identifying Participants in the Human Rights and Business Debate
I. Who are the Participants?
A. Categorizing the Participants
B. The Westphalian Nation State: Has it Outlived its Purpose?
C. The Role of Corporations in the International Legal Order
II. The Participants’ Competing and Conflicting Claims
A. Claims of Individuals, Indigenous Peoples and Other Vulnerable Groups
B. Claims of Transnational Corporations
C. Claims of Nation-States
D. Claims of Nongovernmental Organizations and Civil Society
E. Claims of Decision Makers
F. The Participants’ Perspectives on International Legal Personality
G. Claims that TNCs are not Subjects of International Law
III. Perspectives of the Participants
A. Perspectives of the Victims: Individual/Indigenous Peoples and Other Vulnerable Groups B. Perspectives of the Prepertrators: TNCs
C. Perspectives of the Nation-States
D. Perspectives of NGOs and Civil Socity Organizations
E. Perspectives of David Weissbrodt and John RUggie, as the SRSG
IV. Common Assumptions of the Participants
V. Participants’ Bases of Power
VI. Strategies and Outcomes

CHAPTER 4 Past Trends in Decision
I. Trend Analysis – International
A. The Anti-Slavery and Abolition Movement
B. The Nuremberg Trials and the Liability of Corporations
II. Trend Analysis – The United Nations Attempts to Regulate TNCs
A. UN Draft Code of Conduct
B. The Global Compact
C. The UN Norms
D. The Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework
III. Trend Analysis -- Intergovernmental Organizations’ Guidance to TNCs
IV. Trend Analysis -- United States Domestic Laws
V. Trend Analysis – Other Nations Laws and Regulations
VI. Trend Analysis – Voluntary Codes of Conduct

CHAPTER 5 Projecting Future Trends
I. The Future of the Alien Tort Claims Act
II. The Future of the Norms and the Guiding Principles

CHAPTER 6 Appraisal, Alternatives and Recommendations
I. Appraisal
A. Voluntary vs. Mandatory Regulations
B. The Anti-Corporation and Anti-Globalization Movements Fail to Address How to Resolve the Business and Human Rights Debate
II. Alternatives
A. International Tribunals
B. A World Court of Human Rights
C. International Commercial Court
D. A World Transnational Corporation Regulatory Authority
E. The Charter Revocation Movement
F. Code of Corporate Citizenship
G. Corporate Accountability
III. Recommendations

CHAPTER 7 Conclusion