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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Liability of Multinational Corporations Under International Law

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ISBN13: 9789041115041
ISBN: 9041115048
Published: December 2000
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00

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This volume examines whether multinational corporations have obligations under international law and, if so, how they may be held accountable if they act in breach of these obligations. It concludes that multinational corporations indeed have such duties, particularly in the fields of human rights and the environment, and that they may be held accountable in both domestic courts and intergovernmental organizations. The book first takes stock of the standard setting and supervisory activities regarding multinational corporations undertaken within international fora, such as UNCTAD, the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, the Conference establishing the International Criminal Court, and the OECD. It then continues to analyze the lawsuits alleging violations of international standards by multinational corporations that have been brought so far in the United States and the United Kingdom.;It finishes by assessing the prospects for similar lawsuits in other countries, such as The Netherlands. Contributions are by leading experts in this new field of international law, including attorneys acting on behalf of plaintiffs in Doe v. Unocal, Wiwa v. Royal Dutch Shell, and the cases against Cape plc, as well as experts involved in the creation of the sessional Working Group on Transnational Corporations of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, the drafting of the Statute of the International Criminal Court and the revision of the OECD Guidelines for Multinational Enterprises. The book features the text of relevant international instruments, tables of statutes and cases, an extensive bibliography, and a subject index.

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List of Abbreviations. Section I: Introduction and Overview. Introduction; M.T. Kamminga, S. Zia-Zarifi.
1. Business and Human Rights in a Time of Change; C. Avery. An Overview of the Human Rights Accountability of Multinational Enterprises; S. Joseph. Section II: International Approaches.
3. Attempts to Extend the Accountability of Transnational Corporations: The Role of UNCTAD; P.T. Muchlinski.
4. The Beginning of a Sessional Working Group on Transnational Corporations Within the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities; D. Weissbrodt.
5. The Question of Jurisdiction Under International Criminal Law Over Legal Persons: Lessons from the Rome Conference on an International Criminal Court; A. Clapham.
6. The Multilateral Agreement on Investment and the Review of the OECD Guidelines for Multinational Enterprises; J. Huner. Section III: Domestic Approaches.
7. Corporate Accountability: International Human Rights Litigation Against Corporations in US Courts; B. Stephens.
8. US Litigation Update; J. Green, P. Hoffman.
9. English Courts and Serious Human Rights Violations Abroad: A Preliminary Assessment; M. Byers. Liability of Multinational Corporations: A Critical Stage in the UK; R. Meeran.
11. Public International Law in Transnational Litigation Against Multinational Corporations: Prospects and Problems in the Courts of the Netherlands; A. Nollkaemper.
12. Transnational Litigation Against Multinational Corporations Before Dutch Civil Courts; G. Betlem. Appendices: 1: ILO Delcaration on Fundamental Principles and Rights at Work.
2: ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy.
3: OECD Declaration on International Investment and Multinational Enterprises.
4: Resolution on EU Standards for European Enterprises Operating in Developing Countries. Cases and Communications Relevant to the Liability of Multinational Corporations. Select Table of Treaties, Declarations and Other International Instruments. Table of Statutes and Legislative Instruments. Select Bibliography. Index.