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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Chinese Multinational Companies and Human Rights


ISBN13: 9781138099210
To be Published: January 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00



Human rights have been transformed to a mainstream issue for multinational companies (MNCs) with a global presence in the 21st century. A multipronged mechanism will imminently be demanded to ensure the accountability of economic actors for participation in human rights abuse. China has been the world’s fastest growing economy in the past three decades with its multinationals rapidly emerging and becoming leading players globally. As one of the promising tri-polar global economic entities, China’s growth of relations with Africa has been both unprecedented and impressive. The "go global" policy has been catalysing the growing engagement on the African continent of Chinese MNCs.

This book addresses the question of whether there are well-justified rationales to hierarchize human rights, which arguably would justify China’s approach of prioritising certain development objectives over others. Secondly, it offers a critical challenge to the widely-held but most controversial view that corporations may not be liable for their violations under the ATS. The assessment presented is based on the uniqueness of Chinese state-owned MNCs’ arm-length activities, which in substance blurs the traditional watershed between state and corporations. Thirdly, it explores the extent to which the UN Guiding Principles can facilitate the protection of human rights. The debate around the Treaty on Transnational Corporations’ Obligation to Protect Human Rights will also be explored.

The Anatomy of Chinese Multinationals’ Overseas Behaviour will be of interest to researchers and students in the fields of human rights law, international law, international relations, corporate governance, as well as practitioners interested in developmental work and academics whose current research focuses on China and Africa.

Subjects:
Human Rights and Civil Liberties, Other Jurisdictions , China
Contents:
1. Introduction
2. The Geopolitical Context
3. The Intersection of Transnational Business and Human Rights
4. The U.S. Alien Tort Statute (ATS) after Kiobel
5. Subject Matter: Differentiate a State-Owned Enterprise (SOE)
6. Soft International Law: Creating a New International Normative Global Governance Regime
7. China’s Approaches vs. The Western Version
8. Human Rights Due Diligence
9. Conclusion