Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.
Edited by:
Angelica Bonfanti
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 2.020kg
ISBN: 9781138484672
ISBN 10: 1138484679
Series: Transnational Law and Governance
Pages: 264
Publication Date: 11 September 2018
Audience:
College/higher education
,
Primary
Format: Hardback
Publisher's Status: Active
Notes on Contributors Foreword Acknowledgements List of Abbreviations 1 Introduction Angelica Bonfanti 2 Sustainable Development Goals in Europe and Their Intersection with the Business and Human Rights Framework Paolo Davide Farah 3 Managing Global Interdependencies through Law and Governance: The European Approach to Business and Human Rights Daniel Augenstein Part I The State Duty to Protect Human Rights: The European Perspective 4 Enforcing the State Duty to Protect under the UN Guiding Principles on Business and Human Rights: Strasbourg Views Marco Fasciglione 5 Are European Home States of Transnational Corporations Responsible for Their Impacts Abroad under the ECHR? Claire Methven O ’ Brien 6 The Duty to Protect in Public Procurement: Toward a Mandatory Human Rights Clause? Deborah Russo 7 The EU’s Promotion of Human Rights and Sustainable Development through PTAs as a Tool to Influence Business Regulation in Third Countries Leonardo Borlini 8 National Action Plans: A Pathway to Effective Implementation of the United Nations Guiding Principles? Marta Bordignon Part II The Corporate Responsibility to Respect Human Rights: European Approaches 9 European Approaches to Promoting Responsible Supply Chains Cindy S . Woods 10 Due Diligence, Reporting and Transparency in Supply Chains: The United Kingdom Modern Slavery Act Olga Martin- Ortega 11 Blending Together Human Rights Due Diligence with ‘Criminal’ Law: Opportunities and Pitfalls of the Italian Solution Paola Cavanna 12 From Human Rights Due Diligence to Duty of Vigilance: Taking the French Example to the EU Level Tiphaine Beau de Loménie, Sandra Cossart and P aige Morrow 13 Corporate Human Rights Compliance and Disinvestment: Lessons from the Norwegian Sovereign Wealth Fund Ludovica C hiussi 14 EU Approaches on ‘Conflict Minerals’: Are They Consistent with the UN/OECD Supply Chain Due Diligence Standards? Valentina Grado 15 ICT Companies’ Responsibility to Respect Human Rights: Remarks in the Light of the EU General Data Protection Regulation Angelica Bonfanti Part III Access to Remedy in Europe 16 Access to Remedy for the Victims of Corporate-Related Human Rights Abuse: Assessing the Contribution of the Fundamental Rights Agency Carmen Márquez Carrasco 17 Adjudicate This! Foreign Direct Liability and Civil Jurisdiction in Europe Lucas Roorda 18 The Civil Liability of the Parent Company for the Acts or Omissions of Its Subsidiary: The Example of the Shell Cases in the UK and the Netherlands Claire Bright 19 Corporate Liability and Human Rights: Access to Criminal Judicial Remedies in Europe Adriana Espinosa González and Marta Sosa Navarro 20 European Trends in Tort Law Remedies to Address Corporate Human Rights Abuses Florentine Vos Concluding Remarks Angelica Bonfanti Index
Angelica Bonfanti is Associate Professor in International Law in the Law Faculty of the University of Milan. Her research activity focuses chiefly on public and private international law, business and human rights, cyber law, and international trade and investment law.
