Title Corporate human rights violations : global prospects for legal action / Stefanie Khoury and David Whyte

Published Abingdon, Oxon ; New York, NY : Routledge is an imprint of the Taylor & Francis Group, an Informa Business, [2016]

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Description 1 online resource Series RIPE series in global political economy RIPE series in global political economy. Contents Cover; Half Title; Title Page; Copyright Page; Table of Contents; List of figures; Acknowledgement; List of abbreviations; 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; Notes; 1. From economic cannibalism to corporate human rights liabilities; Introduction; Corporations, human rights and the UN; The UN Code of Conduct in a divided world Corporations as bearers of rightsCorporations as political institutions; The Draft Norms; Lobbying the Norms; The NGO lobby; Conclusion: untangling the roots of UN policy; Note; 2. 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; Note; 3. A manufactured consensus; Introduction; Evaluating the role of the OECD Guidelines; Complaints taken by NGOs; Mutual agreement?; No enforcement Corporate structural advantageConclusion; Notes; 4. 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; Notes; 5. 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 systemThe horizontal effect in the Inter-American system; NGOs and the struggle for recognition; Struggles for collective rights; Conclusion; Notes; 6. '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; Notes; Conclusion: New mechanisms of accountability for corporate human rights violations?; Making struggles around human rights visible; Moving towards a treaty? A people's tribunal?Notes; References; Index Summary 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 by corporations. Based on an analysis of the range of mechanisms of accountability that current exist, it argues that that those demands are a response to the failure of neoliberal politics 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 analyses 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 European Court of Human Rights and at the Inter-American Court of Human Rights Bibliography Includes bibliographical references and index Notes Print version record Subject Corporate governance -- Law and legislation -- Social aspects Social responisbility of business Human rights. Human Rights LAW -- Constitutional. LAW -- Public. Human rights Law. Form Electronic book Author Whyte, David, 1968- author. ISBN 9781317216063 1317216067 9781315620145 1315620146 9781317216056 1317216059 9781317216049 1317216040

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