Business and Human Rights in Europe: International Law Challenges, 1st Edition (Hardback) book cover

Business and Human Rights in Europe

International Law Challenges, 1st Edition

Edited by Angelica Bonfanti

Routledge

264 pages

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Hardback: 9781138484672
pub: 2018-09-11
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Description

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 incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Table of Contents

Contents

 

 Foreword- Paolo Davide Farah

Acknowledgements

Notes on the Editor

Notes on Contributors

List of Abbreviations

 

  1. Introduction
  2. Angelica Bonfanti

  3. Sustainable Development Goals in Europe and Their Intersection with the Business & Human Rights Framework
  4. Paolo Davide Farah

  5. Managing Global Interdependencies through Law and Governance: The European Approach to Business and Human Rights
  6. Daniel Augenstein

     

    Part I: The State Duty to Protect Human Rights: The European Perspective

  7. Enforcing the State Duty to Protect Under the UN Guiding Principles on Business and Human Rights: Strasbourg Views
  8. Marco Fasciglione

  9. Are European Home States of Transnational Corporations Responsible for Their Impacts Abroad Under the ECHR?
  10. Claire Methven O’Brien

  11. The Duty to Protect in Public Procurement: Toward a Mandatory Human Rights Clause?
  12. Deborah Russo

  13. The EU’s Promotion of Human Rights and Sustainable Development through PTAs as a Tool to Influence Business Regulation in Third Countries
  14. Leonardo Borlini

  15. National Action Plans: A Pathway to Effective Implementation of the United Nations Guiding Principles?
  16. Marta Bordignon

     

    Part II: The Corporate Responsibility to Respect Human Rights: European Approaches

  17. European Approaches to Promoting Responsible Supply Chains
  18. Cindy S. Woods

  19. Due Diligence, Reporting and Transparency in Supply Chains: The United Kingdom Modern Slavery Act
  20. Olga Martin-Ortega

  21. Blending Together Human Rights Due Diligence with ‘Criminal’ Law: Opportunities and Pitfalls of the Italian Solution
  22. Paola Cavanna

  23. From Human Rights Due Diligence to Duty of Vigilance: Taking the French Example to the EU Level
  24. Tiphaine Beau de Loménie, Sandra Cossart, Paige Morrow

  25. Corporate Human Rights Compliance and Disinvestment: Lessons from the Norwegian Sovereign Wealth Fund
  26. Ludovica Chiussi

  27. EU Approaches on ‘Conflict Minerals’: Are They Consistent with the UN/OECD Supply Chain Due Diligence Standards?
  28. Valentina Grado

  29. ICT Companies’ Responsibility to Respect Human Rights: Remarks in the Light of the EU General Data Protection Regulation
  30. Angelica Bonfanti

     

    Part III: Access to Remedy in Europe

  31. Access to Remedy for the Victims of Corporate-Related Human Rights Abuse: Assessing the Contribution of the Fundamental Rights Agency
  32. Carmen Márquez Carrasco

  33. Adjudicate This!—Foreign Direct Liability and Civil Jurisdiction in Europe
  34. Lucas Roorda

  35. 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 in the Netherlands
  36. Claire Bright

  37. Corporate Liability and Human Rights: Access to Criminal Judicial Remedies in Europe
  38. Adriana Espinosa González, Marta Sosa Navarro

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

Florentine Vos

 

Concluding Remarks

Angelica Bonfanti

Index

About the Editor

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.

About the Series

Transnational Law and Governance

In recent years the concepts of "transnational law" and "governance" have been explored by both scholars and practitioners with the terms taking on new meaning and significance, particularly in light of the ongoing economic crisis and a corresponding critical reappraisal of global institutional structures and governance.

Transnational law covers a broad theoretical definition which includes studies emerging from disciplines such as international law, comparative law, international economic law and administrative law undertaken by legal scholars but also features extensive research undertaken by scholars from other disciplines, including but not limited to, political sciences, international relations, public administration, sociology, history, philosophy and geography. Recent work has offered up critical evaluations of the current system of governance and transnational rules as being often implemented by Western countries through categories which no longer accurately represent Western economies and are even less relevant to non-Western systems which are becoming increasingly important in the global economy. Governance in particular is now seen as important when we refer to the general stability of the markets, to good faith and other key principles which are fundamental to the notion of a fair market which is responsive to the needs of governments and citizens as well as businesses.

This multidisciplinary series aims to provide a home for research exploring these issues. It features cutting-edge works which critically analyse the relationship between governance, institutions and law from a variety of disciplinary perspectives.

Please also consider visiting the page for Paolo Davide Farah's sub-series, Global Law and Sustainable Development:

https://www.routledge.com/Global-Law-and-Sustainable-Development/book-series/ASHSER1419

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUS008000
BUSINESS & ECONOMICS / Business Ethics
BUS104000
BUSINESS & ECONOMICS / Corporate Governance
LAW009000
LAW / Business & Financial
LAW016000
LAW / Comparative
LAW051000
LAW / International
POL035010
POLITICAL SCIENCE / Political Freedom & Security / Human Rights