Corporate Obligations under International Law

Corporate Obligations under International Law PDF

Author: Markos Karavias

Publisher: OUP Oxford

Published: 2013-11-28

Total Pages: 256

ISBN-13: 0191656135

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This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.

Human Rights Obligations of Business

Human Rights Obligations of Business PDF

Author: Surya Deva

Publisher: Cambridge University Press

Published: 2013-11-21

Total Pages: 451

ISBN-13: 1107036879

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This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Private International Law of Corporations

Private International Law of Corporations PDF

Author: Dr. Maria Kaurakova

Publisher: Spiramus Press Ltd

Published: 2017-11-10

Total Pages: 168

ISBN-13: 191015167X

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This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.

Beyond Human Rights

Beyond Human Rights PDF

Author: Anne Peters

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages: 645

ISBN-13: 1107164303

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Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Corporate Environmental Accountability in International Law

Corporate Environmental Accountability in International Law PDF

Author: Elisa Morgera

Publisher: Oxford University Press

Published: 2020

Total Pages: 353

ISBN-13: 0198738048

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"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.

Veiled Power

Veiled Power PDF

Author: Doreen Lustig

Publisher: Law and Global Governance

Published: 2020-05-07

Total Pages: 257

ISBN-13: 019882209X

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Veiled Power conducts a thorough historical study of the relationship between international law and business corporations. It chronicles the emergence of the contemporary legal architecture for corporations in international law between 1886 and 1981. Doreen Lustig traces the relationship between two legal 'veils': the sovereign veil of the state and the corporate veil of the company. The interplay between these two veils constitutes the conceptual framework this book offers for the legal analysis of corporations in international law. By weaving together five in-depth case studies - Firestone in Liberia, the Industrialist Trials at Nuremberg, the Anglo-Iranian Oil Company, Barcelona Traction and the emergence of the international investment law regime - a variety of contexts are covered, including international criminal law, human rights, natural resources, and the multinational corporation as a subject of regulatory concern. Together, these case studies offer a multifaceted account of the history of corporations in international law over time. The book seeks to demonstrate the facilitative role of international law in shaping and limiting the scope of responsibility of the private business corporation from the late-nineteenth century and throughout the twentieth century. Ultimately, Lustig suggests that, contrary to the prevailing belief that international law failed to adequately regulate private corporations, there is a history of close engagement between the two that allowed corporations to exert influence under a variety of legal regimes while obscuring their agency.

Corporations in and Under International Law

Corporations in and Under International Law PDF

Author: Ignaz Seidl-Hohenveldern

Publisher: Cambridge University Press

Published: 1987-06

Total Pages: 172

ISBN-13: 9780521463249

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This book deals with two important aspects of the place of corporate bodies in international law. The author examines, first, in relation to both private and State-owned corporations, the problems of diplomatic protection, nationalization and State responsibility. Second, he discusses some problems of those corporate entities which owe their existence to international law, whether international organizations proper or common inter-State enterprises. These questions are all ones of continuing practical interest.

General Principles for Business and Human Rights in International Law

General Principles for Business and Human Rights in International Law PDF

Author: Ludovica Chiussi Curzi

Publisher: Queen Mary Studies in Internat

Published: 2020

Total Pages: 356

ISBN-13: 9789004440029

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Intro -- General Principles for Business and Human Rights in International Law -- Copyright -- Table of Contents -- Preface -- Acknowledgments -- Abbreviations -- Table of Treaties -- Other International Instruments -- Table of Cases -- General Introduction -- The Heart of the Matter -- 1 Research Question and Outline of the Book -- 2 Note on Terminology -- 2.1 Corporations -- 2.2 General Principles of Law -- 2.3 Responsibility, Liability and Accountability -- 2.4 Corporate Social Responsibility and Business and Human Rights -- PART I A Public International Law Framework for Business and Human Rights -- Introduction -- 1 Business-Related International Human Rights Standards -- 1.1 The OECD Guidelines for Multinational Enterprises -- 1.2 The ILO Tripartite Declaration -- 1.3 The UN Global Compact -- 1.4 The UN Guiding Principles on Business and Human Rights -- 1.5 Non-Legally Binding Instruments (per se) -- 2 Corporations and Human Rights under Treaty Law -- 2.1 The Search for Corporate Obligations under Existing Human Rights Treaties -- 2.1.1 The Two UN Covenants -- 2.1.2 The ILO Core Labour Conventions -- 2.1.3 Regional Human Rights Treaties -- 2.2 The Drive for Corporate Obligations through a New Treaty -- 2.2.1 The UN International Code of Conduct for Transnational Corporations -- 2.2.2 The UN Draft Norms on Transnational Corporations -- 2.2.3 The Current Negotiations of a Treaty on Business and Human Rights -- 3 Corporations and Human Rights under Customary International Law -- 3.1 Human Rights as Customary International Law -- 3.2 Corporations as Addressees of Customary Human Rights Rules -- 3.3 The Plausibility of a Customary Rule on Corporate Liability -- 3.4 Corporations and the Making of Customary International Law -- 4 General Principles of Law: A Forgotten Source -- 4.1 The History of Article 38(1)(c) of the ICJ Statute.