Corporate Human Rights Violations

Corporate Human Rights Violations : Global Prospects for Legal Action

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Description

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s.


Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights.





This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.
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Product details

  • Paperback | 210 pages
  • 156 x 234 x 23mm | 408g
  • ROUTLEDGE
  • London, United Kingdom
  • English
  • 3 Line drawings, black and white; 3 Illustrations, black and white
  • 1138361348
  • 9781138361348

Table of contents

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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About Stefanie Khoury

Stefanie 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.
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