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Do corporations have human rights? This article addresses a to date rather understudied issue of the corporations and human rights debate: whether and to what extent corporations can be bearers of human rights, with a focus on the ECHR and ECtHR jurisprudence. In a nutshell, it argues that what...
Persistent link: https://www.econbiz.de/10013214950
The responsibilities of Transnational Corporations (TNCs) in the area of human rights have been on the international agenda for sometime now and have gain more momentum in the last two decades. In the past, several attempts were made under the auspices of the United Nations to devise a framework...
Persistent link: https://www.econbiz.de/10012707627
This essay examines the challenges posed by attempts to transplant foreign legal norms, in the form of human rights standards, into a context that seems far from conducive to them. It reviews a major study showing that the Japanese courts consistently reject international human rights-based...
Persistent link: https://www.econbiz.de/10012757168
The adoption of the U.N. Guiding Principles on Business and Human Rights represents a watershed moment in the business and human rights movement. Nevertheless, despite its achievements, the work to align business and human rights issues remains.One approach to furthering the work in this area...
Persistent link: https://www.econbiz.de/10012992513
In June 2014, three years after it endorsed the U. N. Guiding Principles on Business and Human Rights, the UN Human Rights Council moved to establish an open-ended intergovernmental working group to elaborate an international legally binding instrument to regulate, in international human rights...
Persistent link: https://www.econbiz.de/10013016767
The eminent case of Aguinda v. Chevron Corporation, currently in its twentieth year of litigation, represents a growing phenomenon in international commercial litigation between multinational corporations and victims of human rights abuse from developing nations. In 2011 Aguinda awarded...
Persistent link: https://www.econbiz.de/10013017523
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
The article deals with the question of whether and why corporations are human rights subjects by analysing the different approaches of regional economic courts and regional human rights courts. For some of these courts, protecting corporate human rights is the natural response to the key role...
Persistent link: https://www.econbiz.de/10013292877
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
One of the more worrying trends in globalization today is the growing practice of western companies relocating clinical trials to impoverished countries. This paper starts by providing a comprehensive description of the practice and its current regulatory oversight. It argues that this...
Persistent link: https://www.econbiz.de/10014172889