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.
Foreword- Paolo Davide Farah
Notes on the Editor
Notes on Contributors
List of Abbreviations
Paolo Davide Farah
Part I: The State Duty to Protect Human Rights: The European Perspective
Claire Methven O’Brien
Part II: The Corporate Responsibility to Respect Human Rights: European Approaches
Cindy S. Woods
Tiphaine Beau de Loménie, Sandra Cossart, Paige Morrow
Part III: Access to Remedy in Europe
Carmen Márquez Carrasco
Adriana Espinosa González, Marta Sosa Navarro
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: