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Transnational Corporations and Human Rights

Editor(s): Olivier De Schutter
Media of Transnational Corporations and Human Rights
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Published: 11-09-2006
Format: PDF eBook (?)
Edition: 1st
Extent: 440
ISBN: 9781847312761
Imprint: Hart Publishing
Series: Studies in International Law
RRP: £90.00
Online price : £72.00
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Loren Epson

About Transnational Corporations and Human Rights

This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.

Table Of Contents

1. The Challenge of Imposing Human Rights Norms on Corporate Actors
Olivier De Schutter

Part I. The Responsibilities of States in Controlling Transnational Corporations

2. Beyond Unocal: Conceptual Problems in Using International Norms to Hold Transnational Corporations Liable under the Alien Tort Claims Act
Andrew J Wilson

3. The Effect of Bilateral Investment Treaties on Human Rights Enforcement and Realization
Ryan Suda

4. Competing for Foreign Direct Investment through the Creation of Export Processing Zones: The Impact on Human Rights
Chu Yun Juliana Nam

5. The North American Agreement on Labour Cooperation: An Effective Compromise between Harmonization of Labor Rights and Regulatory Competition?
Ana A Piquer

Part II. Self-regulation by Transnational Corporations

6. Corporate Codes of Conduct and the Human Rights Accountability of Transnational Corporations: A Small Piece of a Larger Puzzle
Fiona McLeay

7. International Framework Agreements: A Collaborative Paradigm for Labor Relations
Lisa R Price

Part III. Imposing Direct Obligations on Transnational Corporations under International Law

8. The Illegal Exploitation of Natural Resources in the Democratic Republic of Congo: A Case Study on Corporate Complicity in Human Rights Abuses
Asimina-Manto Papaioannou

9. Corporations and the International Criminal Court
Cristina Chiomenti

10. The Lack of Enforcement in the United Nations Draft Norms: Benefit or Disadvantage?
Jacob Gelfand

11. Overt and Hidden Accomplices. Transnational Corporations' Range of Complicity for Human Rights Violations
Inés Tófalo

Part IV. Incentivizing Socially Responsible Corporate Conduct

12. The Promotion of Human Rights by Selective Public Procurement under International Trade Law
Katherine Zeisel

13. A Role for the International Finance Corporation in Integrating Environmental and Human Rights Standards into Core Project Covenants: Case Study of the Baku–Tbilisi–Ceyhan Oil Pipeline Project
Terra Eve Lawson-Remer


“...De Schutter has succeeded in putting together a coherent book by approaching the issue along four avenues through which the impunity of corporations for human rights violations may be addressed...” –  Nicola Jagers, Netherlands Quarterly of Human Rights, Vol 26/3

“This book gives an account of the different ways by which these new 'masters of the universe' can now be held bound by human rights obligations, with the different themes in the book being drawn together very well in the editor's interesting introduction.” –  K D Ewing, European Human Rights Law Review 2

“...contains contributions solely on the topic of corporations – themost important challenge the international community is facing.” –  Eric De Brabandere, Leiden Journal of International Law, 22-1

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