Accountability, International Business Operations and the Law

Accountability, International Business Operations and the Law
Author: Liesbeth Enneking
Publisher: Routledge
Total Pages: 299
Release: 2019-12-05
Genre: Law
ISBN: 1351127144

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A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Business and Human Rights

Business and Human Rights
Author: Nadia Bernaz
Publisher: Taylor & Francis
Total Pages: 326
Release: 2016-10-04
Genre: Business & Economics
ISBN: 1317233859

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Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

Incorporating Rights

Incorporating Rights
Author: Erika George
Publisher: Oxford University Press
Total Pages: 417
Release: 2021-08-17
Genre: Law
ISBN: 0190666730

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Human rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.

International Business Law: Cases and Materials

International Business Law: Cases and Materials
Author: George D. Cameron III
Publisher: Van Rye Publishing, LLC
Total Pages: 911
Release: 2015-08-09
Genre: Business & Economics
ISBN: 0990367142

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INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”

Extracting Accountability from Non-State Actors in International Law

Extracting Accountability from Non-State Actors in International Law
Author: Lee James McConnell
Publisher: Routledge
Total Pages: 339
Release: 2016-11-10
Genre: Law
ISBN: 1317220560

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The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law
Author: Kyriakakis, Joanna
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2021-12-09
Genre: Law
ISBN: 0857939505

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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

Board Accountability in Corporate Governance

Board Accountability in Corporate Governance
Author: Andrew Keay
Publisher: Routledge
Total Pages: 296
Release: 2015-05-15
Genre: Business & Economics
ISBN: 1317910702

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Within corporate governance the accountability of the board of directors is identified as a major issue by governments, international bodies, professional associations and academic literature. Boards are given significant power in companies, and as a consequence it is argued that they should be accountable for their actions. Drawing on political science, public administration, accounting, and ethics literature, this book examines the concept of accountability and its meaning in the corporate governance context. It examines the rationale for making boards accountable, and outlines the obstacles and drawbacks involved in providing for accountability. The book goes on to examine how current mechanisms for ensuring accountability are assessed in terms of fairness, justice, transparency, practicality, effectiveness and efficiency, before discussing the ways that accountability might be improved. Andrew Keay argues that enhanced accountability can provide better corporate governance, helping to reduce the frequency and severity of financial crises, and improve confidence in company practice. As an in depth study of a key element within the exercise of authority and management in corporate entities, this book will be of great use and interest to researchers and students of corporate governance, business and management, and corporate social responsibility.

Corporate Environmental Accountability in International Law

Corporate Environmental Accountability in International Law
Author: Elisa Morgera
Publisher: Oxford University Press
Total Pages: 353
Release: 2020
Genre: Law
ISBN: 0198738048

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"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.

Accountability and Corporate Human Rights Violations in Tort and International Law

Accountability and Corporate Human Rights Violations in Tort and International Law
Author: Emmanuel K. Nartey
Publisher: Cambridge Scholars Publishing
Total Pages: 480
Release: 2021-10-04
Genre: Law
ISBN: 1527575756

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This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

International Corporate Legal Responsibility

International Corporate Legal Responsibility
Author: Stephen Tully
Publisher: Kluwer Law International B.V.
Total Pages: 600
Release: 2012-01-06
Genre: Law
ISBN: 9041141898

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This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.