Business and Human Rights: The Obligations of the European Home States
By (Author) Dalia Palombo
Bloomsbury Publishing PLC
Hart Publishing
26th August 2021
United Kingdom
Professional and Scholarly
Non Fiction
342.408
Paperback
304
Width 156mm, Height 234mm
426g
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--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 is essential reading for anyone wishing to grapple with multilevel soft and hard law regulating multinational corporations, particularly in the UK context. It provides a comprehensive analysis of the legal possibilities within the ECHR system, whilst keeping the reader abreast of comparative and international approaches to regulating extraterritorial corporate activity. -- Jane M Rooney, Durham Law School * European Human Rights Law Review *
This book is valuable because of its ability to speak to different audiences: human rights advocates and litigators will find the EU jurisprudence as it relates to business and human rights useful, scholars will find the theoretical underpinnings and debates around corporate accountability invaluable, and students will find the book a useful resource to pique their innovative minds as to how parent companies headquartered in developed states can be held accountable. -- Akinwumi Ogunranti, Dalhousie University * Business and Human Rights Journal *
Dalia Palombo is Senior Research Fellow at the Institute for Business Ethics, University of St.Gallen.