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...

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...

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...

In the long battle against corruption, the last 20 years or so has yielded a number of international legal and institutional initiatives -- most notably, the OECD Bribery Convention and the UN Convention Against Corruption; regional anti-corruption conventions (in both Africa and the Americas);...

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...

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...

The infringement of human rights by subsidiaries of multinational enterprises has become a thoroughly discussed topic. It is obvious that potential corporate liability under any regime gives incentives to group companies for structuring themselves in a way that, if ever agents who do not respect...

This paper will discuss the importance of the United Nations Guiding Principles on Business and Human Rights (UN Guiding Principles) violations and access to remedy for victims. Communities and individuals across the globe are adversely affected by activities of multinational corporations and...

This paper explores the current problematic rebirth of liberalism in Africa and why the rule of law must be reconsidered to achieve sustainable development. It accepts the common view that no viable society can exist today without a credible, legitimate, and widely accepted legal regime. In...