Accountability, International Business Operations and the Law: Providing Justice for Corporate Human Rights Violations in Global Value Chains, 1st Edition (Hardback) book cover

Accountability, International Business Operations and the Law

Providing Justice for Corporate Human Rights Violations in Global Value Chains, 1st Edition

Edited by Liesbeth Enneking, Ivo Giesen, Anne-Jetske Schaap, Cedric Ryngaert, Francois Kristen, Lucas Roorda


344 pages

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Hardback: 9780815356837
pub: 2019-12-19
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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.

Table of 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;

About the Editors

Liesbeth Enneking is Endowed Professor on the Legal Aspects of International Corporate Social Responsibility at Erasmus School of Law, Erasmus University Rotterdam.

Ivo Giesen is Professor of Private Law, member of Ucall and Head of Utrecht School of Law, Utrecht University.

François Kristen is Professor of Criminal Law and Criminal Procedure and program leader of Ucall, Utrecht School of Law, Utrecht University.

Lucas Roorda is policy advisor at the Netherlands Institute for Human Rights and PhD candidate at Ucall and the International and European Law department of Utrecht School of Law, Utrecht University.

Cedric Ryngaert is Professor of Public International Law and member of Ucall, Utrecht School of Law, Utrecht University.

Anne-Jetske Schaap is PhD candidate at Ucall and the Criminal Law department of Utrecht School of Law, Utrecht University.

About the Series

Globalization: Law and Policy

Globalization: Law and Policy
Globalization: Law and Policy builds an integrated body of scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification, and democratization of law among increasingly connected political, economic, religious, cultural, ethnic, and other functionally differentiated governance communities. Legal systems, their harmonization and incorporation in other governance orders, and their relationship to globalization are taking on new importance within a coordinated network of domestic legal orders, the legal orders of groups of states, and the governance frameworks of non-state actors. These legal orders engage a number of important actors, sources, principles, and tribunals”including multinational corporations as governance entities, contract and surveillance as forms of governance that substitute for traditional law, sovereign wealth funds and other new forms of state activity, hybrid supra national entities like the World Bank and the International Monetary Fund, and international tribunals with autonomous jurisdiction, including the International Criminal Court, the World Trade Organization, and regional human rights courts. The effects have been profound, especially with respect to the role of states, and especially of the United States as its long time position in global affairs undergoes significant change. Comparative and transnational law serve as natural nexus points for vigorous and sometimes interdisciplinary approaches to the study of state and non-state law systems, along with their linkages and interactions. The series is intended as a resource for scholars, students, policy makers, and civil society actors, and includes a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Administrative Law & Regulatory Practice
LAW / Business & Financial
LAW / Constitutional
LAW / Corporate
LAW / Criminal Law / General
LAW / Ethics & Professional Responsibility
LAW / International
LAW / Public
SOCIAL SCIENCE / Criminology
SOCIAL SCIENCE / Developing Countries