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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Accountability, International Business Operations and the Law: Providing Justice for Corporate Human Rights Violations in Global Value Chains (eBook)

Edited by: Liesbeth Enneking et al.

ISBN13: 9781351127141
Published: December 2019
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £38.99
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A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear.

This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legal-doctrinal approaches with comparative, interdisciplinary and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and socio-political debate in the fast evolving field of international corporate social responsibility and accountability.

Subjects:
Human Rights and Civil Liberties, eBooks
Contents:
Part 1. General perspectives:
Chapter 1. Introduction -
Ivo Giesen, Liesbeth Enneking, François Kristen, Lucas Roorda, Cedric Ryngaert, Anne-Jetske Schaap
Chapter 2. Whose Responsibilities? The Responsibility of the ‘Business Enterprise’ to Respect Human Rights - Björn Fasterling
Chapter 3. National Contact Points under OECD’s Guidelines for Multinational Enterprises: Institutional Diversity Affecting Assessments of the Delivery of Access to Remedy - Karin Buhmann
Chapter 4. Unpacking Accountability in Business and Human Rights: The Multinational Enterprise, the State, and the International Community - Larry Backer
Part 2. Accountability through international law mechanisms
Chapter 5. The Effectiveness of International Arbitration to Provide Remedy for Business-Related Human Rights Abuses - Katerina Yiannibas
Chapter 6. Justice without Borders: Models of Cross-Border Legal Cooperation and What They can Teach us - Jennifer Zerk
Chapter 7. Ignorantia facti excusat? – The Viability of Due Diligence as a Model to Establish International Criminal Accountability for Corporate Actors Purchasing Natural Resources from Conflict Zones - Daniëlla Dam-de Jong
Part 3. Accountability through domestic public law mechanisms
Chapter 8. From ‘Too Big to be Governed’ to ‘Not Too Big to be Responsible’? - François Kristen & Jessy Emaus
Chapter 9. Holding Businessmen Criminally Liable for International Crimes: Lessons from the Netherlands on How to Address Remote Involvement - Marjolein Cupido, Mark Hornman & Wim Huisman
Chapter 10. Legally Binding Duties for Corporations under Domestic Criminal Law Not to Commit Modern Slavery - Anne-Jetske Schaap
Part 4. Accountability through domestic private law mechanisms
Chapter 11. Limited Liability and Separate Corporate Personality in Multinational Corporate Groups: Conceptual Flaws, Accountability Gaps and the Case for Profit-Risk Liability - Paul Dowling
Chapter 12. The Swiss Federal Initiative on Responsible Business – From Responsibility to Liability - Nicolas Bueno
Chapter 13. The Mismatch between Human Rights Policies and Contract Law: Improving Contractual Mechanisms to Advance Human Rights Compliance in Supply Chains - Martijn Scheltema
Part 5. Conclusion
Chapter 14. Accountability, International Business Operations and The Law: The Way Forward - Cedric Ryngaert, Liesbeth Enneking, Ivo Giesen, François Kristen, Lucas Roorda Anne-Jetske Schaap