The Legal Nature of International Human Rights

Erscheinungsjahr 2010
ISBN: 978-90-04-17390-3
Verlag: Brill

Buch, Englisch, Band 104, 416 Seiten, Format (B × H): 163 mm x 244 mm, Gewicht: 1089 g

Reihe: International Studies in Human Rights

What is the nature and scope of corporate responsibility with regard to human rights? Should companies themselves be responsible for human rights violations involving themselves or their subsidiaries? What principles should guide business in countries known to violate human rights? Is self-regulation sufficient, or are corporations best regulated by national or international codes, and on what should these codes be based?

These are some of the many questions which this ground-breaking collection of essays seeks to address as it assesses the value of applying human rights standards to transnational corporations. The increasing involvement of corporations in the public domain and the steady reduction of governmental involvement in commercial and social undertakings has created a desperate need to rethink the nature and role of the private corporation and its regulation. This volume, which contains a balanced collection of analyses from all interested sources in the corporate responsibility debate, is the result of a three-day conference during which government officials, corporate executives, NGOs, and representatives of inter-governmental organisations, as well as academic researchers, came together for the first time to discuss the emerging issues.

The essays have been arranged under six broad themes: policy issues, regulation, issues of application, matters of doctrine, globalisation and case studies. In addition, each section contains the opinion (not simply a summary of proceedings) of a nominated rapporteur who draws together the strands of each theme, and, where necessary, broadens the analysis to cover important issues which may not have been addressed.

At the heart of this volume is the attempt to define an effective framework for transnational corporate responsibility through international human rights standards. It will be of vital interest to corporate legal advisers, human rights practitioners, NGOs, government law offices and academics, as well as to all those concerned with human rights and their place in the modern world.

Autoren/Hrsg.

Addo, Michael K

Addo, Michael K.

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

Preface; Acknowledgements; Abbreviations; Table of Treaties and Other International Instruments
List of Cases; Introduction;
Chapter 1 – The Indeterminacy of Human Rights
I. Introduction
II. Human Rights and International Law
III. Basis of human rights indeterminacy
IV. Reactions
V. A Way Forward
Chapter 2 – The Evolution of human rights in international Law
I. Introduction
II. The Facilitation Stage
III. The Legalisation Stage
IV. Critique of Scholarship
V. Concluding Remarks
Chapter 3 – Human Rights and the Rule of Law
I. Introduction
II. Transformation and Trasubstantiation
III. Effects of Legalisation
IV. Concluding Remarks
Chapter 4 – The United Nations Human Rights Treaties
I. Introduction
II. Law in Treaty Texts
III. Human Rights Law and Cultural Diversity
IV. Effectiveness
V. Concluding Remarks
Chapter 5 – The European Convention on Human Rights
I. Introduction
II. Law in the Convention
III. The Power of Interpretation
IV. Redress
V. Limits to Transformative Interpretation
VI. Concluding Remarks
Chapter 6 – The African Charter on Human and Peoples’ Rights
I. Introduction
II. Law in the Charter
III. Interpreting the Charter
IV. The Charter in National Practice
V. Concluding Remarks
Chapter 7 – The American Convention on Human Rights
I. Introduction
II. Textual Indicators and the Rule of Law
III. Approaches to Interpretation
IV. Enforced Disappearances
V. Cultural Diversity
VI. Concluding Remarks
Chapter 8 – Conclusions and Implications of Legalisation: A Special Regime?
I. Introduction
II. Broad Conclusions
III. Special Regime
IV. The Opinion on The Genocide Convention
V. The European Convention on Human Rights
VI. The American Convention on Human Rights
VII. The Human Rights Committee General Comment Number 24
VIII. Consequences of Human Rights Treaty Practice
IX. Lessons on ‘Special’ Character
Bibliography; Index

Über Autor(innen)

Michael K. Addo teaches and researches international law and human rights law at the University of Exeter. He is editor of International Law of Human Rights (Ashgate, 2006) and Human Rights Standards and the Responsibility of Transnational Corporations (Kluwer, 1999).