The Future of Business and Human Rights

This book presents theoretical and practical considerations on whether it would be feasible to adopt an international treaty on business and human rights to address corporate human rights abuses.
Editor(s):
Jernej Letnar Cernic, Nicolás Carrillo-Santarelli
book | published | 1st edition
February 2018 | xviii + 312 pp.

Paperback
€79.-


ISBN 9781780684918

Details

It is an undeniable fact that corporations participate in human rights abuses throughout the world. Yet there is disagreement among scholars, politicians and business actors about the best approaches to preventing and responding to those abuses and whether it would be feasible to adopt a treaty on the matter.

This book explores the potential adoption of a treaty on business and human rights, first proposed by Ecuador and South Africa. Would such a treaty be practicable and what should its content be – should it regulate direct corporate obligations or extraterritorial obligations? How can experiences of other international legal regimes and developments in regional systems inform the global debate on business and human rights?

The Future of Business and Human Rights informs the reader – academics, practitioners and policy makers – about the current debate that is at centre of legal and diplomatic discussion.

Jernej Letnar Černič is Associate Professor of Human Rights Law at the Graduate School of Government and European Studies and Senior Research Fellow at the University Institute of European Studies in Turin, Italy.

Nicolás Carrillo-Santarelli, is Professor of International Law at La Sabana University, Colombia and has experience as a clerk in the Colombian Constitutional Court.
Intersentia

Chapters

Table of contents and preliminary pages (p. 0)

Introduction (p. 1)

Part I. The Convenience and Possibility of Adopting a Treaty on Business and Human Rights

Alternative Paths to a Business and Human Rights Treaty (p. 11)

A Defence of Direct International Human Rights Obligations of (All) Corporations (p. 33)

A Treaty on Business and Human Rights: Problems and Perspectives (p. 63)

Part II. Critical Analyses of a Treaty on Business and Human Rights

Considering a Treaty on Corporations and Human Rights: Mostly Failures but with a Glimmer of Success (p. 87)

'Band-Aids Don't Fix Bullet Holes': In Defence of a Traditional State-Centric Approach (p. 111)

Voluntary vs. Binding: Civil Society's Claim for a Binding Instrument (p. 139)

Part III. Regional Approaches

Business and Human Rights in the Americas: Defining a Latin American Route to Corporate Responsibility (p. 161)

The Applicability of Human Rights Treaties to Business Enterprises: A Cast Study of India (p. 185)

Reckless Business: Corporate Accountability for Atrocities (p. 209)

European Perspectives on the Business and Human Rights Treaty Initiative (p. 229)

Part IV. Lessons from Other Regimes of International Law

A Convention or a Recommendation? The Experience of International Labour Legislation (p. 251)

Lessons for the Treaty Process from the International Law Commission and International Environmental Law (p. 273)

Conclusion (p. 299)

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