This book puts the current demand for new legal mechanisms to hold corporations accountable for violations of human rights in its historical, political and legal context. In so doing, it deepens our understanding of the challenges facing international human rights law in addressing corporate violations of human rights. Raising possibilities for destabilising the power of the corporation and demanding accountability not only from corporations but also from the governments that grant corporations rights to act, this book will be of great use to scholars engaged in legal and human rights studies,…mehr
This book puts the current demand for new legal mechanisms to hold corporations accountable for violations of human rights in its historical, political and legal context. In so doing, it deepens our understanding of the challenges facing international human rights law in addressing corporate violations of human rights. Raising possibilities for destabilising the power of the corporation and demanding accountability not only from corporations but also from the governments that grant corporations rights to act, this book will be of great use to scholars engaged in legal and human rights studies, sociology, criminology, politics, IR, conflict resolution, anthropology and history.
Stéfanie Khoury is Research Associate the University of Liverpool, UK. Her research focuses on the lack of accountability of state and corporate violations of human rights. David Whyte is Professor in Socio-legal Studies at the University of Liverpool, UK, where he specialises in teaching and researching the relationship between corporate power and law.
Inhaltsangabe
Introduction: The Rarefied Politics of Global Legal Struggles Introduction: Corporate Human Rights Violations Human Rights and Corporate Accountability A Mirror Image? The Rarefied Politics of Global Consent Global Social Ordering Counter-hegemony and Resistance? The Structure of the Book Chapter One: From Economic Cannibalism to Corporate Human Rights Liabilities Introduction Corporations, Human Rights and the UN Corporations as Bearers of Rights Corporations as Political Institutions The Draft Norms Lobbying the Norms The NGO Lobby Conclusion: Untangling the Roots of UN Policy Chapter Two: Different Shades of Voluntarism Introduction The Global Compact: 'Support Group' or 'Good Old Boys Club'? An American in the Court of King Kofi The "Continuation of a Business-Friendly Agenda"? The Guiding Principles A Fake Consensus Conclusion Chapter Three: A Manufactured Consent Introduction Evaluating the Role of the OECD Guidelines Complaints Taken by NGOs Mutual Agreement? No Enforcement Corporate Structural Advantage Conclusion Chapter Four: Tort Law and the Struggle Against Corporate Human Rights Violations Introduction The Civil Justice System and Corporate Accountability Alien Tort Claims Act 1789 The Business Lobby Celebrates European Transnational Tort Cases Transnational Jurisdiction and the Imperial Court Transnational Struggle? Conclusion: Nearly Absolute Non-Accountability Chapter Five: Struggles for Corporate Accountability in the Human Rights Courts Introduction Positive and Negative Obligations Positive Obligations into the Private Sphere The Horizontal Effect in the European System The Horizontal Effect in the Inter-American System NGOs and the Struggle for Recognition Struggles for Collective Rights Conclusion Chapter Six: 'Human' Rights for Profit Introduction The Corporate Victim Corporate Rights in Europe Corporate Rights at the Inter-American Court Corporate Law Trumps Human Rights Law Political Struggles for Corporate Rights Conclusion: New Mechanisms of Accountability for Corporate Human Rights Violations? Making Struggles Around Human Rights Visible Moving Towards a Treaty? A Peoples' Tribunal?
Introduction: The Rarefied Politics of Global Legal Struggles Introduction: Corporate Human Rights Violations Human Rights and Corporate Accountability A Mirror Image? The Rarefied Politics of Global Consent Global Social Ordering Counter-hegemony and Resistance? The Structure of the Book Chapter One: From Economic Cannibalism to Corporate Human Rights Liabilities Introduction Corporations, Human Rights and the UN Corporations as Bearers of Rights Corporations as Political Institutions The Draft Norms Lobbying the Norms The NGO Lobby Conclusion: Untangling the Roots of UN Policy Chapter Two: Different Shades of Voluntarism Introduction The Global Compact: 'Support Group' or 'Good Old Boys Club'? An American in the Court of King Kofi The "Continuation of a Business-Friendly Agenda"? The Guiding Principles A Fake Consensus Conclusion Chapter Three: A Manufactured Consent Introduction Evaluating the Role of the OECD Guidelines Complaints Taken by NGOs Mutual Agreement? No Enforcement Corporate Structural Advantage Conclusion Chapter Four: Tort Law and the Struggle Against Corporate Human Rights Violations Introduction The Civil Justice System and Corporate Accountability Alien Tort Claims Act 1789 The Business Lobby Celebrates European Transnational Tort Cases Transnational Jurisdiction and the Imperial Court Transnational Struggle? Conclusion: Nearly Absolute Non-Accountability Chapter Five: Struggles for Corporate Accountability in the Human Rights Courts Introduction Positive and Negative Obligations Positive Obligations into the Private Sphere The Horizontal Effect in the European System The Horizontal Effect in the Inter-American System NGOs and the Struggle for Recognition Struggles for Collective Rights Conclusion Chapter Six: 'Human' Rights for Profit Introduction The Corporate Victim Corporate Rights in Europe Corporate Rights at the Inter-American Court Corporate Law Trumps Human Rights Law Political Struggles for Corporate Rights Conclusion: New Mechanisms of Accountability for Corporate Human Rights Violations? Making Struggles Around Human Rights Visible Moving Towards a Treaty? A Peoples' Tribunal?
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