1st Edition

Business and Human Rights in Europe International Law Challenges

Edited By Angelica Bonfanti Copyright 2019
288 Pages
by Routledge

288 Pages
by Routledge

288 Pages
by Routledge

Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are... Read more

Notes on Contributors



Foreword



Acknowledgements



List of Abbreviations



1 Introduction



Angelica Bonfanti



2 Sustainable Development Goals in Europe and Their Intersection with the Business and Human Rights Framework



Paolo Davide Farah



3 Managing Global Interdependencies through Law and Governance: The European Approach to Business and Human Rights



Daniel Augenstein



Part I



The State Duty to Protect Human Rights: The European Perspective



4 Enforcing the State Duty to Protect under the UN Guiding Principles on Business and Human Rights: Strasbourg Views



Marco Fasciglione



5 Are European Home States of Transnational Corporations Responsible for Their Impacts Abroad under the ECHR?



Claire Methven O ’ Brien



6 The Duty to Protect in Public Procurement: Toward a Mandatory Human Rights Clause?



Deborah Russo



7 The EU’s Promotion of Human Rights and Sustainable Development through PTAs as a Tool to Influence Business Regulation in Third Countries



Leonardo Borlini



8 National Action Plans: A Pathway to Effective Implementation of the United Nations Guiding Principles?



Marta Bordignon



Part II



The Corporate Responsibility to Respect Human Rights: European Approaches



9 European Approaches to Promoting Responsible Supply Chains



Cindy S . Woods



10 Due Diligence, Reporting and Transparency in Supply Chains: The United Kingdom Modern Slavery Act



Olga Martin- Ortega



11 Blending Together Human Rights Due Diligence with ‘Criminal’ Law: Opportunities and Pitfalls of the Italian Solution



Paola Cavanna



12 From Human Rights Due Diligence to Duty of Vigilance: Taking the French Example to the EU Level



Tiphaine Beau de Loménie, Sandra Cossart and P aige Morrow



13 Corporate Human Rights Compliance and Disinvestment: Lessons from the Norwegian Sovereign Wealth Fund



Ludovica C hiussi



14 EU Approaches on ‘Conflict Minerals’: Are They Consistent with the UN/OECD Supply Chain Due Diligence Standards?



Valentina Grado



15 ICT Companies’ Responsibility to Respect Human Rights: Remarks in the Light of the EU General Data Protection Regulation



Angelica Bonfanti



Part III



Access to Remedy in Europe



16 Access to Remedy for the Victims of Corporate-Related Human Rights Abuse: Assessing the Contribution of the Fundamental Rights Agency



Carmen Márquez Carrasco



17 Adjudicate This! Foreign Direct Liability and Civil Jurisdiction in Europe



Lucas Roorda



18 The Civil Liability of the Parent Company for the Acts or Omissions of Its Subsidiary: The Example of the Shell Cases in the UK and the Netherlands



Claire Bright



19 Corporate Liability and Human Rights: Access to Criminal Judicial Remedies in Europe



Adriana Espinosa González and Marta Sosa Navarro



20 European Trends in Tort Law Remedies to Address Corporate Human Rights Abuses



Florentine Vos



Concluding Remarks



Angelica Bonfanti



Index

Biography

Angelica Bonfanti is Associate Professor in International Law in the Law Faculty of the University of Milan. Her research activity focuses chiefly on public and private international law, business and human rights, cyber law, and international trade and investment law.