Duties Across Borders: Advancing Human Rights in Transnational Business

A. Andreassen Bard; Khanh Vinh Vo

doi:10.1017/9781780687421

Human rights are intertwined with large processes of globalisation. One of these processes is the rapid world-wide growth of multinational business enterprises. This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights. This frontier has borne witness to many victims, but there are also glimpses of hope and opportunities for expanding the respect and protection of human rights in the corporate sector at local, national, and global levels. The volume presents essays discussing current international challenges and efforts to advance human rights duties of transnational businesses. An introductory essay provides an overview of the debate and the individual chapters discuss legal, institutional, political, and social dimensions and obstacles to advancing business enterprises' social and legal commitment to human rights norms. The book is aimed at legal and development scholars, public servants, and civil society practitioners with an interest in human rights commitments of transnational businesses. It is also of use for teachers and students in human rights law, corporate social responsibility courses, and courses in global development in degree programmes, and professional training programmes.

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Contents

Frontmatter
pp i-iv
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Preface
pp v-vi
- By Bård A. Andreassen, University of Oslo, Võ Khánh Vinh, Institute of State and Law, Vietnam Academy of Social Sciences
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Contents
pp vii-xiv
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List of Authors
pp xv-xx
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List of Figures and Tables
pp xxi-xxii
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Introduction. Business’ Duties Across Borders: The New Human Rights Frontier
pp 1-20
- By Bård A. Andreassen, University of Oslo, Võ Khánh Vinh, Institute of State and Law, Vietnam Academy of Social Sciences
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Part I. Conceptual Developments
pp 21-22
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Chapter 1 - Business and Human Rights, or the Business of Human Rights. Critical Reflections on Emerging Themes
pp 23-38
- By Surya Deva, University of Hong Kong
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Chapter 2 - Corporate Liability for Human Rights. Effective Remedies or Ineffective Placebos
pp 39-66
- By Itai Apter, Haifa University (Israel)
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Chapter 3 - Ensuring the Protection of the Environment from Serious Damage. Towards a Model of Shared Responsibility between International Corporations and the States Concerned?
pp 67-90
- By Gentian Zyberi, University of Oslo
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Chapter 4 - The Business Case for Taking Human Rights Obligations Seriously
pp 91-108
- By Güler Aras, University in Istanbul
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Chapter 5 - Corporate Accountability in the Field of Human Rights. On Soft Law Standards and the Use of Extraterritorial Measures
pp 109-134
- By Humberto Cantú Rivera, Université Panthéon-Assas Paris II, in France
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Chapter 6 - The Viability of the Maastricht Principles in Advancing Socio-Economic Rights in Developing Countries
pp 135-154
- By Ebenezer Durojaye, University of the Western Cape in South Africa
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Part II - Contextual Issues
pp 155-156
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Chapter 7 - The Next Generation of ‘Fair Trade’. A Human Rights Framework for Combating Corporate Corruption in Global Supply Chains
pp 157-182
- By Hana Ivanhoe, University of California,
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Chapter 8 - A Critical Analysis of Human Rights Due Diligence Frameworks for Conflict Minerals. Challenges for the Electronics Industries
pp 183-208
- By Miho Taka, Coventry University in, England
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Chapter 9 - The Pursuit of Substantive Corporate Human Rights Policies
pp 209-224
- By Matthew Mullen, Mahidol University
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Part III - Sites Of Regulation
pp 225-226
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Chapter 10 - Human Rights and Business. An Assessment of the Responsibility of the State in Vietnam
pp 227-252
- By Nguyễn Thị Thanh Hải, Sydney University
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Chapter 11 - Investment Treaties and Human Rights. Reflections from Mining in Latin America
pp 253-278
- By Stéphanie Gervais, Carleton University
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Chapter 12 - Beyond State Duty and Corporate Responsibility. Human Rights in Industrial Zones in Vietnam
pp 279-300
- By Nguyễn Hong Nga, University of Oslo
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Chapter 13 - The Application of the UN ‘Protect, Respect and Remedy’ Framework to State-Owned Enterprises. The Case of the State Oil Company SOCAR in Azerbaijan
pp 301-322
- By Ramute Remezaite, Middlesex University
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Chapter 14 - The Invisible Minority. Status of the ‘Differently Able’ People in the Export Industries in India
pp 323-341
- By Rituparna Majumdar
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Duties Across Borders

Advancing Human Rights in Transnational Business

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Contents

Frontmatter
pp i-iv

Preface
pp v-vi

Contents
pp vii-xiv

List of Authors
pp xv-xx

List of Figures and Tables
pp xxi-xxii

Introduction. Business’ Duties Across Borders: The New Human Rights Frontier
pp 1-20

Part I. Conceptual Developments
pp 21-22

Chapter 1 - Business and Human Rights, or the Business of Human Rights. Critical Reflections on Emerging Themes
pp 23-38

Chapter 2 - Corporate Liability for Human Rights. Effective Remedies or Ineffective Placebos
pp 39-66

Chapter 3 - Ensuring the Protection of the Environment from Serious Damage. Towards a Model of Shared Responsibility between International Corporations and the States Concerned?
pp 67-90

Chapter 4 - The Business Case for Taking Human Rights Obligations Seriously
pp 91-108

Chapter 5 - Corporate Accountability in the Field of Human Rights. On Soft Law Standards and the Use of Extraterritorial Measures
pp 109-134

Chapter 6 - The Viability of the Maastricht Principles in Advancing Socio-Economic Rights in Developing Countries
pp 135-154

Part II - Contextual Issues
pp 155-156

Chapter 7 - The Next Generation of ‘Fair Trade’. A Human Rights Framework for Combating Corporate Corruption in Global Supply Chains
pp 157-182

Chapter 8 - A Critical Analysis of Human Rights Due Diligence Frameworks for Conflict Minerals. Challenges for the Electronics Industries
pp 183-208

Chapter 9 - The Pursuit of Substantive Corporate Human Rights Policies
pp 209-224

Part III - Sites Of Regulation
pp 225-226

Chapter 10 - Human Rights and Business. An Assessment of the Responsibility of the State in Vietnam
pp 227-252

Chapter 11 - Investment Treaties and Human Rights. Reflections from Mining in Latin America
pp 253-278

Chapter 12 - Beyond State Duty and Corporate Responsibility. Human Rights in Industrial Zones in Vietnam
pp 279-300

Chapter 13 - The Application of the UN ‘Protect, Respect and Remedy’ Framework to State-Owned Enterprises. The Case of the State Oil Company SOCAR in Azerbaijan
pp 301-322

Chapter 14 - The Invisible Minority. Status of the ‘Differently Able’ People in the Export Industries in India
pp 323-341

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Advancing Human Rights in Transnational Business

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