Corporate Human Rights Violations: Global Prospects for Legal Action

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Stefanie Khoury (University of Liverpool, UK) David Whyte (Liverpool University, UK)

Corporate Human Rights Violations

Global Prospects for Legal Action

Stefanie Khoury (University of Liverpool, UK), David Whyte (Liverpool University, UK)

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English

Routledge
14 August 2018

Series: RIPE Series in Global Political Economy

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s.

Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights.

This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.

By: Stefanie Khoury (University of Liverpool UK), David Whyte (Liverpool University, UK)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781138361348
ISBN 10: 1138361348
Series: RIPE Series in Global Political Economy
Pages: 210
Publication Date: 14 August 2018
Audience: College/higher education , Primary , A / AS level
Format: Paperback
Publisher's Status: Active

"Introduction: The Rarefied Politics of Global Legal Struggles Introduction: Corporate Human Rights Violations Human Rights and Corporate Accountability A Mirror Image? The Rarefied Politics of Global Consent Global Social Ordering Counter-hegemony and Resistance? The Structure of the Book Chapter One: From Economic Cannibalism to Corporate Human Rights Liabilities Introduction Corporations, Human Rights and the UN Corporations as Bearers of Rights Corporations as Political Institutions The Draft Norms Lobbying the Norms The NGO Lobby Conclusion: Untangling the Roots of UN Policy Chapter Two: Different Shades of Voluntarism Introduction The Global Compact: ‘Support Group’ or ‘Good Old Boys Club’? An American in the Court of King Kofi The ""Continuation of a Business-Friendly Agenda""? The Guiding Principles A Fake Consensus Conclusion Chapter Three: A Manufactured Consent Introduction Evaluating the Role of the OECD Guidelines Complaints Taken by NGOs Mutual Agreement? No Enforcement Corporate Structural Advantage Conclusion Chapter Four: Tort Law and the Struggle Against Corporate Human Rights Violations Introduction The Civil Justice System and Corporate Accountability Alien Tort Claims Act 1789 The Business Lobby Celebrates European Transnational Tort Cases Transnational Jurisdiction and the Imperial Court Transnational Struggle? Conclusion: Nearly Absolute Non-Accountability Chapter Five: Struggles for Corporate Accountability in the Human Rights Courts Introduction Positive and Negative Obligations Positive Obligations into the Private Sphere The Horizontal Effect in the European System The Horizontal Effect in the Inter-American System NGOs and the Struggle for Recognition Struggles for Collective Rights Conclusion Chapter Six: ‘Human’ Rights for Profit Introduction The Corporate Victim Corporate Rights in Europe Corporate Rights at the Inter-American Court Corporate Law Trumps Human Rights Law Political Struggles for Corporate Rights Conclusion: New Mechanisms of Accountability for Corporate Human Rights Violations? Making Struggles Around Human Rights Visible Moving Towards a Treaty? A Peoples’ Tribunal?"

Stéfanie Khoury is Research Associate the University of Liverpool, UK. Her research focuses on the lack of accountability of state and corporate violations of human rights. David Whyte is Professor in Socio-legal Studies at the University of Liverpool, UK, where he specialises in teaching and researching the relationship between corporate power and law.