Overview

This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Full Product Details

Author:   Dalia Palombo
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.426kg
ISBN:  

9781509954674

ISBN 10:   1509954678
Pages:   304
Publication Date:   26 August 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. The Case for Legal Reform I. From States to Non-State Actors II. The Legal Framework for Multinational Enterprises A. Primary and Secondary Rules B. The Standards of Conduct and Review C. The Third Agency Problem III. The Avenues for Legal Change A. Soft Law: Blaming and Shaming B. Litigation Against Companies in Domestic Courts C. Litigation Against States IV. The Perspective of Victims A. Case Studies B. Normative Argument 2. The Obligations of Multinational Companies I. Remedies in the Host State A. Undercapitalisation B. Investment Law C. Complicity II. Remedies in the Home State A. Soft Laws B. European Union Law C. Domestic Law 3. The International Legal Obligations of States I. The Nature of State Obligations A. Negative Obligations B. Positive Obligations C. Overcoming the Dichotomy D. The Duties to Respect, Protect and Fulfil II. The Positive Obligation to Secure that Enterprises Respect Human Rights in the European Convention on Human Rights A. The Obligation to Secure B. The Procedural Duty to Protect and the Right to an Effective Remedy C. The Duty to Fulfil III. The Application to the Case Studies IV. Conclusion 4. Extraterritoriality I. Lex Lata: Extraterritoriality in the European Convention on Human Rights A. Extraterritorial Control B. The Duty to Protect: Territorial Control with Extraterritorial Effects C. The Duty to Fulfil: The Ability to Influence II. Lex Ferenda: The State's Duties and Multinational Enterprises A. Extraterritoriality B. Positive Obligations and Private Enterprises C. The Duty to Protect and Multinational Enterprises D. The Duty to Fulfil and Multinational Enterprises III. The Extraterritorial Application to the Case Studies A. Duty to Protect B. Duty to Fulfil IV. Conclusion 5. An Agenda for Legal Reform I. Duty to Protect A. New Binding Obligations B. Existing Domestic Laws II. Duty to Fulfil A. Bilateral Investment Treaties and Free Trade Agreements B. Ethical Investment Policies III. Conclusion

Reviews

This is essential reading for anyone wishing to grapple with multilevel soft and hard law regulating multinational corporations, particularly in the UK context. It provides a comprehensive analysis of the legal possibilities within the ECHR system, whilst keeping the reader abreast of comparative and international approaches to regulating extraterritorial corporate activity. -- Jane M Rooney, Durham Law School * European Human Rights Law Review * This book is valuable because of its ability to speak to different audiences: human rights advocates and litigators will find the EU jurisprudence as it relates to business and human rights useful, scholars will find the theoretical underpinnings and debates around corporate accountability invaluable, and students will find the book a useful resource to pique their innovative minds as to how parent companies headquartered in developed states can be held accountable. -- Akinwumi Ogunranti, Dalhousie University * Business and Human Rights Journal *

Author Information

Dalia Palombo is Senior Research Fellow at the Institute for Business Ethics, University of St.Gallen.

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