Legal sources in business and human rights : evolving dynamics in international and European law / edited by Martina Buscemi [and three others].

Format:

Book

Contributor:

Buscemi, Martina, editor.

Series:

Developments in international law ; Volume 73.

Developments in international law ; Volume 73

Language:

English

Subjects (All):

Corporate governance--Social aspects.

Corporate governance.

Social responsibility of business--Law and legislation.

Social responsibility of business.

International business enterprises--Law and legislation.

International business enterprises.

Physical Description:

1 online resource.

Place of Publication:

Leiden ; Boston : Brill Nijhoff, 2020.

Summary:

"Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States' reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation"-- Provided by publisher.

Contents:

Foreword

Acknowledgements

Notes on Contributors

Introduction by the Editors

Part 1: Towards International Rules Incumbent upon Companies

1 Corporate Human Rights Due Diligence: from the Process to the Principle

Ludovica Chiussi

2 A Binding Instrument on Business and Human Rights as a Source of International Obligations for Private Companies: Utopia or Reality?

Marco Fasciglione

3 International Investment Treaties as a Source of Human Rights Obligations for Investors

Giovanni Zarra

4 To What Extent Does International Law Matter in the Field of Business and Human Rights?

Andrea Spagnolo

5 The EU Charter of Fundamental Rights as the Source of Judicially Enforceable Obligations to the Activity of Private Companies

Monica Parodi

Part 2: The Contribution of Companies to the Development of Business and Human Rights Law

6 Direct and Indirect Involvement of Companies in the Development of Business and Human Rights Law: Insights from Practice

Diego Mauri

7 Multi-stakeholder Initiatives and New Models of Co-regulation in the Field of Business and Human Rights

Enzamaria Tramontana

8 The Role of Corporations as Standards Setters: the Case of Business Actors Involved in the Development and Deployment of Artificial Intelligence Tools

Elena Carpanelli

Part 3: Hardening the ‘Softness’ of Business and Human Rights Regulation

9 UNGP National Action Plans and their Legal Value

Marta Bordignon

10 Hardening Soft Law: the Implementation of Human Rights Due Diligence Requirements in Domestic Legislations

Chiara Macchi and Claire Bright

11 From Soft International Law on Business and Human Rights to Hard EU Legislation?

Francesco Luigi Gatta

12 Human Rights Clauses in Public Procurement: a New Tool to Promote Human Rights in (States’) Business Activities?

Edoardo Alberto Rossi

13 The Unbearable Lightness of European Security and Markets Authority’s Soft Law: an Italian Perspective

Jacopo Alberti

Conclusion

Angelica Bonfanti

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

90-04-40118-0

Publisher Number:

10.1163/9789004401181 DOI