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Human rights violations are perpetrated by corporate actors with troubling frequency. In most cases, plaintiffs do not have access to remedy. For 30 years, the United States has been a beacon of hope, its courts adjudicating human rights claims against corporate defendants under the Alien Tort...
Persistent link: https://www.econbiz.de/10012824539
This paper analyses the forgotten right to continuous improvement of living conditions in ICESCR Art 11(1), drawing on: the travaux préparatoires; the broader context of Twentieth Century international law; and the work of the Committee on Economic, Social and Cultural Rights. It argues that we...
Persistent link: https://www.econbiz.de/10012826347
Drawing on an expert seminar, a public consultation and more than 40 written submissions, the report describes possible methods of implementing human rights obligations relating to the enjoyment of a healthy environment. The proposals are addressed to: (a) the Human Rights Council, the United...
Persistent link: https://www.econbiz.de/10012970076
The paper deals mainly with the emerging legal issues related to climate change and their interlinkages with the WTO law, human rights law, investment law and environmental law. While the comprehensive international legal regime for climate change is still not established, the guidance in...
Persistent link: https://www.econbiz.de/10012975477
This past summer, the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises delivered its 2016 Report to the U.N. Human Rights Council. The focus of that report was the relationship of states and state owned enterprises to the state duty to...
Persistent link: https://www.econbiz.de/10012979273
This Article argues that despite the benefits of illicit enrichment for thwarting corruption, this offense violates fundamental human rights of the accused and therefore must be replaced by alternate enforcement mechanisms. Part I demonstrates how illicit enrichment surfaced as a mechanism to...
Persistent link: https://www.econbiz.de/10013004977
Because international law has traditionally been limited to state actors, the literature on business and human rights largely focuses on whether transnational corporations can be held responsible under international law. Less attention is paid to the question of what leads corporations to...
Persistent link: https://www.econbiz.de/10013049312
The EU has included human rights clauses in its international trade and cooperation agreements since the early 1990s. These clauses permit a party to a trade agreement to adopt ‘appropriate measures' in the event that the other party violates human rights or democratic principles. This study...
Persistent link: https://www.econbiz.de/10013053457