In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent.
In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.
1. Foreword- Paolo Davide Farah; 2: Part I Fundamental concepts and historical context; 3: Chapter 1 - Introduction: Business, Accountability and Socio-Economic Rights; 4: Chapter 2 - Historical Chapter; 5: Chapter 3 - Globalization, Investment and the Socio-Economic Environment; 6: Chapter 4 - Business, Socio-Economic Rights and Good Practices; 7: Part II Corporate Accountability for Socio-Economic Rights; 8: Chapter 5 - Corporate Human Rights Obligations Under Socio-Economic Rights; 9: Chapter 6 - Corporate Human Rights Obligations Under Specific Socio-Economic Rights; 10: Chapter 7 - Access to Justice for Victims of Socio-Economic Violation; 11: Part III Corporate accountability for Socio-Economic Rights and Case studies; 12: Chapter 8 - Corporate Accountability concerning Socio-Economic Rights in Cambodia; 13: Chapter 9 - Corporate Accountability concerning Socio-Economic Rights in China; 14: Chapter 10 - Corporate Accountability concerning Socio-Economic Rights in Colombia; 15: Part IV Proposals for reform; 16: Chapter 11 - Conclusions and Recommendations; 17: Index
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: