[PDF] The Liability Of Multinational Corporations Under International Law For Human Rights Violations In The Niger Delta Microform eBook

Author : Stefanie Khoury
Publisher : Taylor & Francis
Page : 221 pages
File Size : 34,79 MB
Release : 2016-12-08
Category : Political Science
ISBN : 1317216067

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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.

Author : Gwynne L. Skinner
Publisher : Cambridge University Press
Page : 199 pages
File Size : 21,52 MB
Release : 2020-08-20
Category : Business & Economics
ISBN : 110719931X

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This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.

Author : Indirani K. S
Publisher : Independent Author
Page : 0 pages
File Size : 27,98 MB
Release : 2023-06-02
Category :
ISBN : 9781805307105

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The genesis of human rights has been sprouted due to the gross violations of rights of the people committed by governments, states and their agents acting on behalf of their respective state's machinery. Traditionally in international law and international human rights law violations of rights of people have been attributed to states and governments. Non-state entities such as corporations and individuals are not in the purview of international law and human rights. Individuals and corporations never been viewed as an entity and subject matter of normative practice of international law due to the basic elements of state sovereignty. Only after the Second World War, international law mechanisms have recognized the Non-state entities and attributed liability and responsibility. In recent past with explosion of economic liberalization promoted by international trade, non-state actors such as corporations, multinational companies and transnational companies are operating transnationally in different jurisdiction involving directly in contact with the local people and contributing their share to the fate of people living in different parts of the world. These companies operate in a different environment and act in a very hostile manner against the interest and rights of the people living in the vicinity of their business. In the process they are directly involved in violating basic rights and dignity of human beings and they show no respect to the national and international standards and mechanisms which are providing protection to the local and indigenous people. The corporations are complacent towards the rights of the people and they do evade liability for violations such as corporate crimes, tax evasions, bribery, corruption, environmental pollutions and damage, violation of labour laws, violations of rights of women and children, being complicit in war crimes, crimes against peace and humanity and genocide, in those states where they are in complicit with the state and conduct gross human rights violations. The corporations take advantage of the host states, as the host state enjoys the financial supplement provided, the financial supplement could be either to foreign direct funds or the government is corrupt and wants to make illegal gains, or the government takes help to control rebels. States to compete in the global market need to become financially stable and they require funds to develop their economy. Through the two major organizations the International Monetary Fund and the World Bank they receive loans and sanctions by way of Foreign Direct Investment, thus inviting the Transnational and the Multinational Corporations to enter and carry on business in the said state. When the corporations enter they seek relaxations in tax, labour regulations, and even relaxing control on environmental damages. As the states are economically poor, they are either developing or under developed nations, fall prey to these corporations and allow gross human rights violations upon themselves. In this backdrop it is an urgent necessity to look into the problems and attribute responsibility of protecting human rights of the people, by the non-state actors such as the Multinational Corporations.

Author : Michael Koebele
Publisher : BRILL
Page : 428 pages
File Size : 46,1 MB
Release : 2009-04-24
Category : Law
ISBN : 9047427114

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The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.

Author : Olufemi O. Amao
Publisher :
Page : 403 pages
File Size : 39,18 MB
Release : 2008
Category : Social responsibility of business
ISBN :

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This thesis considers the legal control of multinational corporations (MNCs) for violations of human rights from a less developed country{u2019}s perspective. The thesis discusses the current trend by MNCs to self regulate by employing voluntary corporate social responsibility (CSR) strategy. The thesis argues that the CSR concept is insufficient to deal with externalities emanating from MNCs{u2019} operations including human rights violations. The thesis argues that for CSR to be effective the law must engage with the concept. While noting that the control of MNCs involves regulation at the international level, the thesis argues that more emphasis needs to be placed on possibilities at home States and host States where there are stronger bases for the control of corporations. One of the significant contributions of this thesis is the examination of the laws of the host States and their relevance to the control of MNCs. For this purpose the thesis examines the laws of Nigeria which is host to major MNCs from the EU and the US. The thesis argues that there are viable opportunities in Nigeria for the control of MNCs but because of the multi-jurisdictional status of MNCs there is a need for support and other forms of regulation at home State and also at regional and international levels. Importantly, the thesis examines the African Regional Human Rights System and the relevance of the system to the control of MNCs. Furthermore, the thesis considers home State responsibilities for the control of MNCs. For this purpose the thesis examines possibilities in the European Union. The thesis looks at the EU because major MNCs in Nigeria are from the EU and because of the respect for human rights and fundamental freedoms in the EU{u2019}s internal and external affairs. The thesis explores ways in which the EU can ensure that MNCs from its territory do not violate human rights when operating abroad.

Author : Paul Kenneth Kinyua
Publisher :
Page : 0 pages
File Size : 20,61 MB
Release : 2010
Category :
ISBN :

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The primary question that this research aims to answer is: how effective are the emergent norms and mechanisms to hold MNCs accountable for human rights violations, especially with regard to accountability for violations of economic, social and cultural rights in developing countries? The research begins by recalling the original basis of human rights and traces it to human suffering. Relying on the works of Hannah Arendt and Anna Grear, it is argued human that rights ought to be understood as intertwined with human embodiment and vulnerability. The research analyses economic, social and cultural rights (ESCR) as a sub-species of human rights and discusses the type of obligations they create. By showing that violations of economic, social and cultural rights are violative of human embodiment in addition to other attributes of human well-being, the research argues for the extension of crimes against international law to include ESCR violations. The research discusses several mechanisms of holding multinational corporations accountable for violations of economic, social and cultural rights. By reviewing the the United Nations' Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (the UN Norms) it is demonstrated that the emergence of human rights as a referential standard for the regulation of corporate conduct is a relatively recent development in the contestation of different corporate regulatory orders; from a shareholder-centric (corporate law) model to a people-centred (human rights) model. The research focuses primarily upon the following mechanisms of corporate control; States' responsibility to protect human rights, the UN Norms, extraterritorial litigation of human rights and the Doctrine of State Responsibility for Internationally Wrongful Acts. By critically examining these norms and mechanisms to regulate multinational corporations (MNCs), the research evaluates their potential to protect economic, social and cultural rights in developing countries.

Author : Erik Paredis
Publisher : Academia Press
Page : 309 pages
File Size : 17,2 MB
Release : 2009
Category : Science
ISBN : 9038213417

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This volume is the scientific report of a research project that aimed to clarify the concept of ecological debt, and to study its relevance and applicability in Belgian and international policy.