Academic literature on the topic 'Corporate Complicity in Human Rights Abuses'
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Journal articles on the topic "Corporate Complicity in Human Rights Abuses"
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Herzberg, Anne. "Kiobel and Corporate Complicity– Running with the Pack." AJIL Unbound 107 (2013): 41–48. http://dx.doi.org/10.1017/s2398772300009685.
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Many human rights activists have lamented the outcome of Kiobel v. Royal Dutch Petroleum Co. Reacting to the opinion, Human Rights Watch expressed concern that Kiobel “significantly reduce[s] the possibility that corporations can be held accountable in US courts for human rights abuses committed abroad.” The Center for Constitutional Rights issued a statement that it was “deeply troubled by the Supreme Court's decision to undercut 30 years of jurisprudence.”
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Wettstein, Florian. "Silence as Complicity: Elements of a Corporate Duty to Speak Out Against the Violation of Human Rights." Business Ethics Quarterly 22, no. 1 (January 2012): 37–61. http://dx.doi.org/10.5840/beq20122214.
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ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights.
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Borgwardt, Elizabeth. "Bernath Lecture: Commerce and Complicity: Corporate Responsibility for Human Rights Abuses as a Legacy of Nuremberg." Diplomatic History 34, no. 4 (August 2, 2010): 627–40. http://dx.doi.org/10.1111/j.1467-7709.2010.00879.x.
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AMOROSO, DANIELE. "Moving towards Complicity as a Criterion of Attribution of Private Conducts: Imputation to States of Corporate Abuses in the US Case Law." Leiden Journal of International Law 24, no. 4 (November 3, 2011): 989–1007. http://dx.doi.org/10.1017/s092215651100046x.
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AbstractAccording to the agency paradigm enshrined by the 2001 ILC Articles on State Responsibility, private conducts are attributed to a state when they are carried out on the state's behalf or under its tight control. On closer look, this legal framework proves to be unable to deal with state involvement in human-rights violations perpetrated by powerful non-state actors, such as terrorist groups or transnational corporations. These wrongs, indeed, are often put in place with the fundamental contribution of – but not on behalf of (or under the control of) – a state, with the consequence that, under the traditional paradigm, they could not be attributed to the latter. Against this backdrop, the present paper argues that a new secondary norm has been developing that provides that private wrongs are to be imputed to a state if the latter knowingly facilitated (or otherwise co-operated in) their commission. Although international practice will be duly taken into account, the analysis will be focused mainly on US case law concerning corporate liability for international human-rights violations.
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Kristian, K. "Dimension of Human Rights Protection Against Corporate Crimes." Sociological Jurisprudence Journal 5, no. 1 (February 28, 2022): 32–44. http://dx.doi.org/10.22225/scj.5.1.2022.32-44.
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The wave of influence of Neoliberalism and globalization with its system of economic capitalism has begun to change the economic ideology by ignoring sound principles in business dealings (there is even a tendency to put forward the “anomie of success” principle), a considerable number of corporations have committed acts in violation to human rights. This paper is going to examine the implementation of human rights-based protection and law enforcement. It has now become significant considering how critical thinking in solving corporate human rights violation problems is urgently needed. The type of approach used by the writer in this research is the Normative Law Research Method. The methods applied will consist of statute approach, case approach and conceptual approach. Research shows that Indonesia is a country of law. By this concept, principles contained in that country must be applied, one of them being the presence of the acknowledgement and protection of basic human rights. In the context of a country with Pancasila as its main law, the effectual supremacy of law in Indonesia must continually be done within a framework which focuses in creating public welfare and social justice for all Indonesian people. In this context, the human potential and dignity have a high and noble position. Regulation governing the protection of human rights may be found in the Universal Declaration of Human Rights, the 1945 Constitution of the Republic of Indonesia and the 1999 Act of the Republic of Indonesia No. 39 concerning Human Rights. These human rights have frequently been violated by corporations while conducting their business activities. In international legal instruments, The United Nations Global Compact (UNGC) exists as an initiative to strategic policies for corporations to make a commitment which will align their policies and strategic operations with the ten universal principles of human rights, labor, environment and anti-corruption, in order to allow sustainable business practices. Within the sphere of human rights, the UNGC states that “business should support and respect the protection of internationally proclaimed human rights” and “make sure that they are not complicit in human right abuses”, along with other alternatives that may be conducted by the corporations. For that, the country has a responsibility to provide devices by utilizing all its resources to create equality, non-discrimination and human rights protection for every citizen. The country has to do its part to calculate every possible way to allow for human rights protection and to facilitate the recovery over losses that may arise from the violation of human rights, especially those done by corporations.
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Sanger, Andrew. "UK GOVERNMENT CANNOT HIDE FROM COMPLICITY IN HUMAN RIGHTS ABUSES." Cambridge Law Journal 76, no. 2 (July 2017): 223–27. http://dx.doi.org/10.1017/s0008197317000447.
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IN the joined appeals of Belhaj v Straw and Rahmatullah (No 1) v Ministry of Defence [2017] UKSC 3, the UK Supreme Court held that state immunity and the foreign act of state doctrine did not prevent claims against the British Government alleging complicity in human rights abuses and breaches of peremptory norms of international law.
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Blakeley, Ruth, and Sam Raphael. "Conducting effective research into state complicity in human rights abuses." Contemporary Social Science 15, no. 2 (October 23, 2017): 196–210. http://dx.doi.org/10.1080/21582041.2017.1391406.
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Payne, Leigh A., and Gabriel Pereira. "Corporate Complicity in International Human Rights Violations." Annual Review of Law and Social Science 12, no. 1 (October 27, 2016): 63–84. http://dx.doi.org/10.1146/annurev-lawsocsci-110615-085100.
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Bohoslavsky, Juan Pablo. "Tracking Down the Missing Financial Link in Transitional Justice." International Human Rights Law Review 1, no. 1 (2012): 54–92. http://dx.doi.org/10.1163/22131035-00101005.
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This article argues that lenders providing financial assistance to authoritarian regimes should be held responsible for complicity if they knew or should have known that they would facilitate human rights abuses. Discussing the lenders’ role in a transitional justice context leads to a broadening of legal and institutional tools to channel this responsibility. This article starts by critically assessing the micro criteria traditionally used to understand the causal link between finance and human rights abuses, suggesting that a macro (i.e. holistic, interdisciplinary and casuistic) approach considering structures, processes and dynamics of sovereign financing should be applied when interpreting this link. It also explains how that traditional view is being challenged. A rational choice approach is taken to explain the most salient financial features of large-scale campaigns of gross human rights violations in order to understand the real relevance of funds in contexts of criminal regimes. The legal bases of responsibility for complicity are then discussed, separately presenting the arguments applied to private, multilateral and bilateral lenders. It also outlines how the missing financial link could be integrated into the domain of transitional justice, presenting, elaborating and assessing enforceability of concrete mechanisms to channel financial complicity in order to attain transitional goals. Finally, concluding remarks and challenges on the relationship between financial complicity and transitional justice are presented; and policy and economic considerations are made to better understand the real implications that incorporating the financial dimension into the transitional justice universe could have for a country.
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Simons, Penelope. "Corporate Voluntarism and Human Rights." Articles 59, no. 1 (October 8, 2004): 101–41. http://dx.doi.org/10.7202/009129ar.
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In response to increasing public concern over the accountability of transnational corporations (TNCs) for violations of human rights in the states in which they operate, governments, corporations and NGOs have promoted the development and implementation of voluntary self-regulatory regimes. However, TNC practices under these regimes call into question their adequacy and effectiveness in preventing complicity in egregious violations of human rights by corporations operating in conflict zones and repressive regimes. This article reviews and assesses the language, human rights content and compliance mechanisms of the voluntary policies and/or codes developed by a number of corporations, industry groups, intergovernmental organizations and multistakeholder initiatives, as well as associated corporate practices. The analysis shows that these voluntary regimes are flawed and inadequate, and therefore unable to ensure that TNCs are not complicit in human rights violations in their extra-territorial activities.
Dissertations / Theses on the topic "Corporate Complicity in Human Rights Abuses"
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
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Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues. International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts. Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability. PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves. UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
Full textAbstract:
Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues. International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts. Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability. PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves. UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
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CABRERA, MARIELA. "CORPORATE LIABILITY AND HUMAN RIGHTS ABUSES ABROAD." Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/612626.
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This legal note analyzes the legal issues raised when suing corporations in the United
States federal courts under the Alien Tort Statute (ATS). Part I discusses the elements needed to
bring a claim under ATS and the history behind the statute. Part II describes the U.S. Supreme
Court’s 2013 decision in Kiobel and what it represents. This section also covers why holding
corporations accountable is important, focusing on globalization, the corporation’s power, and
their role; and discusses the importance of seeking remedies for human rights victims. Part III
examines whether ATS is still viable for suing corporations for human rights abuses after Kiobel
and the possible alternatives available for holding corporations accountable including: regional
human rights courts, naming and shaming, or suing in domestic courts where the violations
occur.
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Mathabathe, Rethabile. "Profits versus human rights : accountability for corporate complicity in human rights violations." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11819.
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This thesis seeks to examine the interplay between business and human rights within the context of political transitions from authoritarian to democratic rule. In the wake of the globalisation process and the subsequent breakdown of the Westphalian state system, transnational corporations (TNCs) have acquired augmented powers at a global level where previously states had been the only players; and yet TNCs have none of the human rights obligations of states, particularly under international law. This dissertation aims to examine why this accountability lacuna exists in relation to corporations, specifically in relation to state-sponsored human rights violations in which TNCs are complicit.
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Pietropaoli, Irene. "Remedy for corporate human rights abuses in transitional justice contexts." Thesis, Middlesex University, 2017. http://eprints.mdx.ac.uk/24310/.
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Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes and commit human rights violations and crimes under international law, either as the main perpetrator or as accomplices by aiding and abetting government forces. In transitional justice contexts, the trials, truth commissions, and reparations typically included within the set of remedy mechanisms have focused primarily on abuses by state authorities’ or by non-state actors directly connected to the state, such as paramilitary groups or death squads. Innovative uses of transitional justice mechanisms across the world, however, have started to address, even if still only in a marginal way, corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This research analyses this development. This research provides an original contribution to the field on business and human rights and the little-researched link with transitional justice by assessing how remedies for corporate human rights abuses and crimes under international law can be achieved in transitional justice contexts. To answer this question this research first analyses how different mechanisms (judicial processes at the international and domestic level, truthseeking initiatives, and reparations programmes) have dealt, or failed to deal, with remedy for victims of corporate human rights abuses. It then examines their outcomes, the results those processes have achieved and the obstacles they have faced. The research takes a victim-oriented approach by analysing the tools, instruments and institutions available for victims (the bearers of rights) in transitional justice contexts (i.e. in countries emerging from conflict or authoritarian regimes) to remedy violations when those are committed by corporations.
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Bernal-Bermudez, Laura. "The power of business and the power of people : understanding remedy and business accountability for human rights violations, Colombia 1970-2014." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:f211a449-8222-4fbb-8a53-07abc6add43c.
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The questions of business involvement in human rights violations in countries facing civil conflict, as well as access to remedy and accountability for these violations have generated a considerable amount of attention from academia and practitioners. While most theoretical efforts on access to remedy and accountability have focused on identifying the obstacles to access to justice, these do not explain the unlikely case of Colombia, where despite all structural obstacles being present (e.g. armed conflict, corruption), the country has positioned itself as a leader in the region in terms of judicialisation and convictions of economic actors for their complicity with grave human rights violations committed in the course of the 50 year internal armed conflict. This thesis is a theory building and theory-testing project that looks for alternative explanations to the outcomes registered in Colombia, focusing on the agents involved in these cases and how the variation in the power of the people (claimants) and the power of businesses (defendants) explains access to justice. This thesis uses the most comprehensive datasets in existence of business involvement in human rights violations (the Corporations and Human Rights Database and the Corporate Accountability and Transitional Justice Database) to present a novel and much needed systematic analysis to identify the factors explaining why and when remedy and accountability is possible. The results of the study suggest that the variations in the power of people and the power of business do offer a plausible alternative explanation to the unlikely case of Colombia. The Colombia data analyzed in this thesis suggests that while an increase in the power of the people (through the support of global actors and political opportunities) is necessary to secure judicialisation and remedy, these results are only possible when they face an economic actor with reduced veto power.
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Walenius, Desirée. "The impact of the power balance between the state and the transnational corporation on human rights." Thesis, Uppsala universitet, Teologiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412273.
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Over the last decades there have been a shift in the power balance between the transnational corporation and the state. This shift is due to the transnational corporation’s power has increased. Therefore, this thesis will examine the impact of the power balance between the state and the transnational corporation on the enforcement of law concerning human right abuses by transnational corporations. It will focus primary on the state’s possibility to enforce its international human rights obligations. In order to find out the impact the power balance has on the enforcement, I will discuss different challenges that could stand in the way for the state due to the power of the transnational corporation or that the state is powerless over the transnational corporation. The result is that the state only has a small possibility of enforcing human rights regulation on the transnational corporation. The reason for this is because the state is relying on the economic opportunities from the transnational corporation and the system is constructed in a manner which made the state powerless in relation to the transnational corporation. The result was therefore that the state has difficulties in enforcing the law concerning human right abuses by transnational corporations. After this conclusion it is quite clear that the power balance between the state and the transnational corporation plays a crucial role in the enforcement of the law concerning human rights abuses by transnational corporations. However, it is possible to make changes in the system so that the power balance between the state and the transnational corporation do not have the same negative effect on human rights and therefore strengthening the protection of human rights.
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Brooks, Catherine. "Healing the blind eye?: using the United Nations protect, respect, remedy framework to achieve accountability for corporate complicity in human rights abuse." Thesis, 2011. http://hdl.handle.net/2440/71108.
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This thesis considers the widespread and extensive issue of corporate complicity in human rights abuse, and ways of holding corporations accountable for this involvement. It is framed around the United Nation’s Protect, Respect, Remedy Framework (the Framework), which was proposed by the Special Representative to the Secretary General on the issue of human rights and transnational corporations and other business enterprises, Professor John Ruggie (Special Representative) on 18 June 2008. The thesis will examine the Framework from a human rights perspective. The Human Rights Council has adopted the Framework as a conceptual policy framework that will be used as a foundation for policy development on the issue of corporate human rights abuse, including corporate complicity. The Framework rests on three pillars: first, the State’s duty to protect from human rights abuse, including those caused by business and the corresponding enforcement mechanisms including policies, regulation and adjudication; second, the corporate responsibility to respect human rights, which requires business to avoid involvement in human rights abuse complying with the law and by exercising due diligence; and third, ensuring victims and survivors have access to effective remedies, both judicial and non-judicial. In adopting the Framework, the Human Rights Council has, for the first time, enunciated a policy position on the issue of corporations and human rights. It is intended that regulation will stem from the Framework, and the goal of regulation is the protection and perseverance of all human rights. This thesis is structured around the Framework. The influence and power of corporations continues to grow. As the process of globalisation and economic interdependence has increased, so too has market deregulation. Many transnational corporations are far more economically powerful than States; by the year 2000, corporations made up 51 of the top 100 economies in the world.¹ The power of corporations can be overwhelming, and corporations’ activities can have severe consequences for human rights. Despite this, only a fraction of the 70,000 transnational corporations around the world have moved toward any implementation of human rights standards within their companies. This thesis will argue that the harm caused by corporate complicity in human rights abuse is a remediable injustice, and given the political will, the mechanisms to hold corporations to account can be developed, and existing mechanisms can be made more effective. Both international law and international relations will have important roles to play as this area of regulation develops. As such, it is an area of research and development that calls for and requires collaboration and joint research between political scientists and lawyers.
¹ Sarah Joseph, Corporations and Transnational Human Rights Litigation (Hart Publishing, Oxford, 2004), p 1Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2011
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Yildirim, Ayse Elìf. "Creating international legal accountability for corporate human right abuses." Doctoral thesis, 2019. http://hdl.handle.net/10362/108483.
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É sabido que as empresas são os motores do desenvolvimento económico, do bem-estar social
e do progresso tecnológico. Mas também se tornaram responsáveis por muito sofrimento
humano físico, violação de direitos humanos, ou adulterações do atual sistema que irão afetar
o futuro das sociedades. Estamos perante um problema de cumprimento dos padrões
internacionais de direitos humanos por estas entidades privadas e a compensação das vítimas
por violação de direitos humanos torna-se uma questão jurídica. Por outro lado, a atual estrutura
legislativa internacional não está a permitir que as normas evoluam de maneira benéfica para
todos os stakeholders, assim como os legisladores nacionais são limitados às suas fronteiras
territoriais. Os problemas aparentam ser de alta complexidade, às vezes enraizados em
discussões teóricas da academia jurídica. O presente estudo tem como objetivo observar os
esforços nacionais e internacionais para preencher tais lacunas jurídicas, por meio da análise
histórica, do atual quadro normativo e do status das discussões sobre empresas e direitos
humanos. A finalidade é apontar os principais obstáculos que impedem o processo de solução
de problemas em campo. O trabalho conclui que os sistemas estatais podem oferecer somente
soluções até certo ponto, sendo necessário considerar de forma mais séria a adoção de um
regime jurídico internacional abrangente e a criação de um sistema de responsabilização
jurídica, o que pode provocar mudanças monumentais na maneira em que se pensa o direito
internacional.It is a known fact that businesses are drivers of economic development, social welfare and technological advancement. However, they also became responsible for many physical human sufferings, human rights violations or system ‘hacks’ that effects the future of societies. We are facing a problem of compliance with international human rights standards by these private entities and compensating the human rights victims of these abuses becomes a pressing legal issue. On the other hand, the current international law-making structure is not allowing any regulation to evolve in a manner that is beneficial for all the stakeholders and state legislators are very limited to their territorial borders. The problems appear to have high complexities, sometimes root itself in theoretical discussions of legal scholarship. This study aims to look into the international and national efforts to fill in these legal lacunas by analysing the history, the current regulatory framework and the status of the discussions on business and human rights. It aims to pinpoint the main blockages hindering the process of solving problems of the field. It arrives to the solution that state systems can only offer solutions to a certain extent, an over-arching legal regime at the international level should be taken into consideration more seriously and creation of international legal accountability might pose monumental changes in the way we are thinking about international law.
Books on the topic "Corporate Complicity in Human Rights Abuses"
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Andreas, Føllesdal, ed. Human rights, corporate complicity and disinvestment. Cambridge: Cambridge University Press, 2011.
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Nystuen, Gro, Andreas Follesdal, and Ola Mestad, eds. Human Rights, Corporate Complicity and Disinvestment. Cambridge: Cambridge University Press, 2011. http://dx.doi.org/10.1017/cbo9781139003292.
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(Organization), Human Rights Watch, ed. The Enron Corporation: Corporate complicity in human rights violations. New York: Human Rights Watch, 1999.
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Fédération internationale des droits de l'homme. Corporate accountability for human rights abuses: A guide for victims and NGOs on recourse mechanisms. Paris, France: FIDH, International Federation for Human Rights, 2012.
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Badil Resource Center for Palestinian Residency & Refugee Rights, ed. Principles and mechanisms to hold business accountable for human rights abuses: Potential avenues to challenge corporate involvement in Israel's oppression of the Palestinian people. Palestine: BADIL Resource Center, 2009.
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George, Erika. Incorporating Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780199941483.001.0001.
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Incorporating Rights: Strategies to Advance Corporate Accountability examines existing and emerging advocacy strategies that could conceivably close a global governance gap that puts human rights at risk and places commercial actors at risk of becoming complicit in human rights abuses when conducting business in emerging market economies and complex environments. Corporate codes of conduct, sustainability reporting, and selected multistakeholder initiatives are presented as the building blocks of a system of soft law that could solidify to become binding baseline standards for better business practices. This book explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides accounts of the creation of industry sector regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses. It examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. This book argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and implemented consistent with respect for human rights. Where concerned consumers and investors exercise preferences for products that are not associated with abuse and have access to information on corporate performance and risks posed to human rights, there is potential to change corporate conduct. Societal expectations are increasing and evolving.
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Meeran, Richard, and Jahan Meeran, eds. Human Rights Litigation against Multinationals in Practice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.001.0001.
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This book reviews the current position in this field, which has developed over the past 25 years, designed to hold multinationals to account, legally, for human rights abuses in the Global South. The authors are practising lawyers who have litigated and led prominent cases of legal significance in this field. Although the focus is on the Global North, where most of the cases have been brought—United Kingdom, United States, Canada, Australia, France, Netherlands, and Germany—there is also a chapter on South Africa. The cases cited include claims against parent companies for harm caused by subsidiary operations, claims for corporate complicity in violations perpetrated by States, and claims arising in a supply chain context. Whilst other books have included consideration of the legal aspects of many of the cases, the focus here is on the interrelated strategic and practical, as well as legal, considerations on which viability and prospects of success depend. In addition to questions of jurisdiction, applicable law, and theories of liability, obstacles to justice concerning issues such as access to information, collective actions, witness protection, damages and costs, and funding regimes (including a specific chapter on litigation funding), and issues relating to public pressure and settlement, are discussed. Although most of the authors act for victims, there is a substantial chapter providing the perspectives of business. Since this area of litigation has developed concurrently with, and has formed part of, the rapidly mushrooming field of business and human rights, the contextual relevance of the UNGPs is considered.
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Follesdal, Andreas, Gro Nystuen, and Ola Mestad. Human Rights, Corporate Complicity and Disinvestment. Cambridge University Press, 2011.
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Follesdal, Andreas, Gro Nystuen, and Ola Mestad. Human Rights, Corporate Complicity and Disinvestment. Cambridge University Press, 2011.
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Follesdal, Andreas, Gro Nystuen, and Ola Mestad. Human Rights, Corporate Complicity and Disinvestment. Cambridge University Press, 2011.
Find full textBook chapters on the topic "Corporate Complicity in Human Rights Abuses"
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Martín, Laura García. "Corporate legal accountability for human rights abuses." In Transitional Justice, Corporate Accountability and Socio-Economic Rights, 69–100. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019. | Series: Transitional Justice: Routledge, 2019. http://dx.doi.org/10.4324/9780429277702-4.
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Winston, Morton. "Corporate Responsibility for Preventing Human Rights Abuses in Conflict Areas." In Transnational Corporations and Human Rights, 79–98. London: Palgrave Macmillan UK, 2003. http://dx.doi.org/10.1057/9781403937520_4.
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Prihandono, Iman, and Fajri Hayu Religi. "Access to Remedy for Corporate Human Rights Abuses in Indonesia." In Business and Human Rights in Asia, 147–65. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-7273-9_8.
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Vos, Florentine. "European Trends in Tort Law Remedies to Address Corporate Human Rights Abuses." In Business and Human Rights in Europe, 234–46. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Transnational law and governance: Routledge, 2018. http://dx.doi.org/10.4324/9780429443169-20.
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Bernal-Bermudez, Laura. "Using Judicial Actions to Address Corporate Human Rights Abuses: Colombia, 2000–2014." In Law and Policy in Latin America, 149–66. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-56694-2_9.
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Bader, Michael. "Toward a Strategic Engagement with the Question of the Corporation." In Interdisciplinary Studies in Human Rights, 313–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_16.
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AbstractCorporations, in their quest for the highest profit margin, have violated human rights, labour rights and environmental standards for decades, with little to no accountability. In recent years, the fight for corporate accountability under the banner of “Business and Human Rights” has come to dominate civil society’s engagement with the “question of the corporation.” This chapter aims to critically examine the political objectives underpinning the broad-church project of Business and Human Rights in its world-making aspirations, taking the Legally Binding Instrument currently under discussion at the UN Human Rights Council as a case study. Using a historical narrative approach, this article first situates the evolution of Business and Human Rights within neoliberal globalisation and, against this backdrop, attempts to think through the “dark side” of this particular strand of human rights activism. By bringing critical legal scholarship on the corporation and human rights into closer conversation with Business and Human Rights, the article aims to excavate the latter’s structural flaws, namely that it leaves the asymmetries in the global economy and the imperial corporate form unchallenged. By problematising Business and Human Rights’ presupposition of business as fact and its uncritical embrace of rights as positive change-makers, the article presents an invitation to rethink strategic political objectives vis-à-vis corporate rights abuses.
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Gado, Yasmine. "Corporate Complicity in Human Rights Abuses under Oslo." In The Oslo Accords. American University in Cairo Press, 2017. http://dx.doi.org/10.5743/cairo/9789774167706.003.0022.
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This chapter discusses the role of corporations in human rights violations under Oslo. Oslo provided Israel with legal control over a majority of West Bank land and control over the passage of people and goods across borders, giving Israel greater freedom to build and expand the settlements in Area C, exploit its natural resources, and build the “separation wall” inside the West Bank. These activities have provided lucrative opportunities for corporate exploitation, and in most cases Israel could not conduct them without corporate assistance. The involvement of corporations in providing goods and services relating to Israel's occupation of the West Bank has been categorized by researchers into three areas: the settlement industry, exploitation of captive consumer and labor markets, and population control.
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George, Erika. "Human Rights Conflicts and the Creation of Corporate Responsibility Collaborations." In Incorporating Rights, 105–44. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780199941483.003.0004.
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This chapter provides comparative accounts of the creation of industry sector–specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. The selected case studies demonstrate that there are consequences for conduct inconsistent with social expectations for business. The chapter considers cases originating in emerging market economies and complex operating environments, comparing the advocacy strategies of human rights activists and corporate responses. Cases studied include: the controversial role of transnational corporations in the internet communications technology sector in censorship and surveillance practices and the risks presented to the right to freedom of expression and the right to privacy; the relationship of transnational corporations in the pharmaceutical sector to human rights and the risks presented to the right to health and the right to life when access to essential medicines is compromised; and the relationship of transnational corporations in the extractives sector to human rights and the risks presented to human security when extractive sector companies contract with security forces that abuse violent force and use deadly force to silence dissent. The chapter explains how conflicts over corporate complicity in alleged abuses served to catalyze the creation of the different industry-specific multistakeholder initiatives, including: the Global Network Initiative, a private multistakeholder project to promote more responsible business practices; the Accelerating Access Initiative, a global public-private partnership to increase access to affordable medicines and create change; and the Voluntary Principles on Security, a tripartite multistakeholder initiative to address security and human rights. This chapter will show that crisis appears to serve as a catalyst for change.
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George, Erika. "Competition, Choice, and Change." In Incorporating Rights, 201–58. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780199941483.003.0006.
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Initiatives to promote information about business human rights impacts on the part of civil society activists demonstrate a shifting consciousness and increasing concern that could introduce moral considerations into capital and consumer markets at a scale sufficient to create an incentive for corporate actors to consider the risks particular business practices may present for human rights. This chapter considers how enforcement of corporate commitments to respect human rights could occur through the provision of actionable information on corporate performance to conscious constituencies of investors and consumers. It considers competitive pressures that could be brought to bear on particular industries by virtue of greater transparency, including the connected nature of communication enjoyed by a significant segment of consumers. A connected and concerned community of consumers and investors could leverage concerns into change. It contemplates ways to generate adverse market consequences for business activities that have adverse human rights consequences. Specifically, it considers the changes generated by shareholder activism on human rights issues and the advances achieved by a “worker driven, consumer powered and market enforced” fair food program. It also considers examples of corporations that have reaped rewards for responsible conduct consistent with the responsibility to respect human rights. This chapter argues that expectations on business with respect to avoiding adverse human rights impacts and complicity in abuses are increasing and that choices will reflect concerns aligned with rewarding responsible business conduct.
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Hoffman, Paul. "International Human Rights Litigation in the United States." In Human Rights Litigation against Multinationals in Practice, 168–200. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.003.0007.
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Paul Hoffman reviews the position in the United States regarding the imposition of liability on multinationals for human rights abuses occurring overseas. He focuses on corporate complicity cases brought under the Alien Tort Statute over the past 25 years. By reference to key decisions, he charts the development of the law which had had initially held out considerable promise for human rights victims but which has been gradually whittled away by decisions such as Kiobel in 2012 and Jesner in 2018. The scope of the statute and the concepts of aiding and abetting liability, the presumption against extraterritoriality, ‘touch and concern test’ and ‘foreign sovereign immunity’ are explained. The decision in Doe v. Nestle has resolved many of the uncertainties. Potential liability under various statutes to protect victims of torture, trafficking, terrorism, and corruption are outlined as is the experience of common law tort claims and forum non conveniens.