Extending Corporate Liability to Human Rights Violations in Asia
In: Journal of international and area studies, Band 20, Heft 1, S. 23-38
ISSN: 1226-8550
In: Journal of international and area studies, Band 20, Heft 1, S. 23-38
ISSN: 1226-8550
In: Transnational Legal Theory (2013 Forthcoming)
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In: Mark A. Geistfeld, The Law and Economics of Tort Liability for Human Rights Violations in Global Supply Chains, 10(2) J. European Tort L. 1-36, DOI: 10.1515/jetl-2019-0108 (Forthcoming)
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In: Graz Law Working Paper No. 20-2022
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Intro -- Foreword -- Acknowledgments -- Contents -- Introduction -- Reference -- Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human Security -- 1 Introduction -- 2 Nonstate Armed Actors (NSAAS) in the ``New´´ Armed Conflicts -- 3 The Afghan Case: A Fragmented and Violent Environment -- 3.1 The Weakness of the Afghan State After Decades of Conflict -- 3.2 Specific Features of the Afghan Armed Conflict: Asymmetric Warfare -- 3.3 NSAAs in Afghanistan -- 3.3.1 Progovernment Groups -- 3.3.2 Militias, Paramilitaries, and Auxiliary Police Forces -- 3.3.3 PMSCs and the Afghan Public Protection Force (APPF) -- 3.4 Insurgents -- 4 The Syrian Case: Anarchic War and Sectarianism -- 4.1 Specific Features of the Syrian Armed Conflict: The War of All Against All -- 4.2 NSAAs in Syria -- 4.2.1 Militias -- 4.2.2 Mercenaries and PMSCs -- 4.2.3 Foreign Combatants/Terrorists -- 5 Implications for Human Security (HS) -- 6 Conclusions -- References -- Delimitation and Presence of PMSCs: Impact on Human Rights -- 1 Introduction -- 2 The Rise of PMSCs: Keys to Understanding the Industry´s Development -- 3 Delimitation and Presence of PMSCs -- 3.1 Home and Contracting Countries -- 3.2 Services -- 3.3 Territorial Countries -- 3.4 Operational Contexts -- 4 Impact on Human Rights -- 4.1 Main Trends in PMSCs´ Impact on Human Rights -- 4.2 Analysis by Operational Context -- 4.2.1 Occupations -- 4.2.2 Critical and Strategic Infrastructure -- 4.2.3 Logistics Convoys and/or Escorts -- 4.2.4 Extractive Industry Projects -- 4.2.5 Prisons -- 4.2.6 Borders and Immigration Control -- 4.2.7 Homeland Security -- 5 Conclusions -- References -- The Ineffectiveness of the Current Definition of a ``Mercenary´´ in International Humanitarian and Criminal Law -- 1 The Evolution of Mercenarism and the Development of International Norms 1950-2016
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Working paper
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Working paper
It was around the beginning of November 2006. I was reading a book by Prof. Koen De Feyter World Development Law where I first see the term 'indigenous peoples'. Two of the cases summarized in the book had taken my attention, i.e., the case of Mayagna (Sumo) Awas Tingni indigenous community of Nicaragua, and Ogoni people of Nigeria. The cases were brought at different regional human right courts of America and Africa, respectively. However, both cases involved TNCs complicity in human rights violations of indigenous communities namely, Sol del Caribe S.A. (SOLCARSA) in Nicaragua, and Royal Shell in Nigeria. Both allegations were also brought against the respective states. I keep wondering why the TNCs escape liability which becomes the basic research question for this thesis. The thesis is a critical legal analysis of TNCs human rights liability from the perspective of indigenous peoples human rights violations. The study analyses the problematic situation of TNCs liability in existing state-centered system of international law. It observes the particular weakness of the current system of international law when the human rights victims of TNCs happened to be indigenous peoples. The study also analyses the effectiveness of different attempts made by international organization, corporations and civil society groups towards imposing human rights liability on TNCs. Despite the lack of legal bite and enforceability, the study founds the lack of sensitivity to indigenous peoples human rights in such emerging regulatory and voluntary initiatives which are categorized broadly as soft-laws, self-regulations and social initiatives. This study argues for a binding international law on TNCs as an ultimate solution, but it also equally argues for increased concern to indigenous peoples human rights as an indispensable issue in corporate human rights discourse. In this regard the thesis offers some general and transitional policy measures.
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Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This book brings significant new insight to the question of whether and when armed groups are bound by human rights law.
In: Cambridge studies in constitutional law 27
An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
In: Magill's choice
Human Rights Violations focuses on denials of human rights, with an emphasis on major assaults on rights. Particular attention is paid to events involving government and other large-scale abuses of rights.
In: Austrian review of international and European law: ARIEL, Band 15, Heft 1, S. 45-88
ISSN: 1573-6512
In: Harvard International Law Journal Online, Vol. 51 (2010)
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When 250 workers die in a fire at a Pakistani factory producing jeans for a German discount chain, when the work day lasts 12 hours in Cambodia's garment industry or when workers commit suicide in Chinese factories producing electronics for international brands, should only the corporations in Pakistan, Cambodia and China be held liable? What about the liability of their parent and subcontracting companies abroad? The United Nations increasingly recommends that states ensure that enterprises domiciled in their territory respect human rights throughout their extraterritorial operations. Furthermore, the United Nations and the Organisation for Economic Co-operation and Development recommend that parent and subcontracting companies conduct human rights due diligence. Both developments are reflected in General Comment 23, which was recently adopted by the Committee on Economic, Social and Cultural Rights and relates to the right to just conditions of work. To date, however, there is no domestic law that specifically addresses the liability of parent or subcontracting companies for violations of the right to just working conditions of employees of foreign subsidiaries or suppliers. Although case law is emerging, much uncertainty remains about criteria establishing such liability. France and Switzerland are discussing legislative steps for clarifying corporate liability beyond disclosure requirements to ensure compliance with international recommendations.
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