کسب‌وکار و حقوق بشر: تعهدات کشورهای اروپایی

This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses. This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-a-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses "This book analyses the accountability of European home States for their failure to secure the human rights of victims coming from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this lacuna, this study proposes an innovative business and human rights litigation strategy. It illustrates why such a strategy is needed, pointing to the lack of effective legal remedies against European multinationals. The goal is to empower victims that come from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses"-- Provided by publisher Acknowledgements Contents List of Abbreviations Table of Cases 1. The Case for Legal Reform I. From States to Non-State Actors II. The Legal Framework for Multinational Enterprises III. The Avenues for Legal Change IV. The Perspective of Victims 2. The Obligations of Multinational Companies I. Remedies in the Host State II. Remedies in the Home State III. Conclusion 3. The International Legal Obligations of States I. The Nature of State Obligations II. The Positive Obligation to Secure that Enterprises Respect Human Rights in the European Convention on Human Rights III. The Application to the Case Studies IV. Conclusion 4. Extraterritoriality I. Lex Lata: Extraterritoriality in the European Convention on Human Rights II. Lex Ferenda: The State's Duties and Multinational Enterprises III. The Extraterritorial Application to the Case Studies IV. Conclusion 5. An Agenda for Legal Reform I. Duty to Protect II. Duty to Fulfil III. Conclusion Bibliography Index