| Autore |
Ziegler Andreas R
|
| Edizione | [1st ed.] |
| Pubbl/distr/stampa |
Boston : , : BRILL, , 2025
|
| Descrizione fisica |
1 online resource (448 pages)
|
| Disciplina |
346.065
|
| Altri autori (Persone) |
CanapaDamiano
CardozoMaria Izabel
|
| Collana |
International and Comparative Business Law and Public Policy Series
|
| Soggetto topico |
Social responsibility of business - Law and legislation
Investments, Foreign - Law and legislation
Investments, Foreign (International law)
Arbitration (International law)
|
| ISBN |
9789004715158
9004715150
|
| Formato |
Materiale a stampa  |
| Livello bibliografico |
Monografia |
| Lingua di pubblicazione |
eng
|
| Nota di contenuto |
Front Cover -- Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Tables -- Notes on Contributors -- Introduction Business and Human Rights: Emerging Challenges, Issues and Trends -- Introduction -- Part 1 Key Developments on Business and Human Rights -- Chapter 1 From International "Soft" Law to Law in Business and Human Rights: The Role of the UNGPS in the Development of Formal Sources of International Law -- 1 Introduction -- 2 The Reasons behind the Call for a Multilateral Treaty on Business and Human Rights -- 2.1 The Perceived Inadequacy of Non-binding Instruments -- 2.2 The Perceived Substantive Shortcomings of the UNGP s -- 3 The Beginning of the Treaty Process -- 4 Early Proposals on Substantive Aspects of the "Legally Binding Instrument" -- 4.1 The Proposed Complementarity with the UNGP s -- 4.2 Scope of the Proposed Instrument -- 4.3 Obligations of State Parties in the Context of Business Activities -- 4.3.1 Jurisdictional Obligations -- 4.3.2 Obligations with Respect to Legal Liability -- 4.3.3 Obligations with Respect to Access to Remedies -- 4.4 Corporate Human Rights Obligations -- 5 The Analysis of the 2023 Updated Draft of the "Legally Binding Instrument" -- 5.1 Preamble to the Treaty -- 5.2 Scope of the Proposed Treaty -- 5.3 Obligations of State Parties with Respect to the Regulation of Business Conduct -- 5.4 Obligations of State Parties with Respect to Access to Remedies for Victims of Corporate Adverse Human Rights Impacts -- 5.5 Obligations of State Parties with Respect to the Liability of Legal Persons -- 5.6 Obligations of State Parties with Respect to the Adjudication of Corporate Defendants -- 5.7 Obligations of State Parties with Respect to the Applicable Law in Claims against TNC s and Other Business Enterprises -- 6 Concluding Remarks.
Chapter 2 Corporate Lawyers and Climate Change: Perspectives from Professional Ethics and Business and Human Rights -- 1 Introduction -- 2 Corporate Lawyers and Their Impact on Climate Change -- 3 Professional Ethics and the Legal Profession -- 4 Business and Human Rights and the Legal Profession -- 5 Conflicts and Challenges between Professional Ethics and Business and Human Rights -- 5.1 Prominent Conflicts -- 5.2 Reframed Challenges -- 6 Potential Solutions and Example Obligations for Lawyers and Climate Change -- 7 Conclusion -- Chapter 3 Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual Framework for Heightened Human Rights Due Diligence -- 1 Introduction -- 2 No Mere Side Effects of the Armed Conflict: Human Rights Violations in Ukraine and Their Implications for Business Conduct -- 3 General vs. Conflict-Sensitive Approaches to HRDD -- 3.1 The UNGP HRDD Framework and Its Misconceptions and Limitations -- 3.2 HRDD in Nascent Regulatory Practice -- 3.3 Raising the Bar: Conflict-Sensitive Approaches to HRDD -- 4 Framing Heightened HRDD: Any Insights from Ukraine? -- 4.1 Operational Proximity to Conflict as a Precondition for hHRDD -- 4.2 Agent-Specific Considerations Influencing Corporate Obligations -- 4.3 The Rights-Holders' Perspective -- 4.4 What Are the Consequences of hHRDD? -- 5 Conclusions -- Chapter 4 The Relevance of Mandatory Human Rights and Sustainability Due Diligence for the Greening of EU Antitrust Law -- 1 Introduction -- 2 The Sustainability Turn in Antitrust Law -- 2.1 The EU Green Deal Agenda for EU Competition Law -- 2.1.1 The Path towards Greening EU Antitrust Law -- 2.1.2 Horizontal Sustainability Agreements -- 2.1.3 Vertical Agreements, Abuse of Dominance, and Merger Control -- 2.2 National Initiatives -- 3 Obligations on Undertakings under Mandatory HRDD Legislation.
3.1 The UNGP s as the Origin of Mandatory HRDD Legislation -- 4 National Initiatives: Mandatory Human Rights Due Diligence -- 5 Envisaged Sustainability Obligations under the EU Directive (CSDDD) -- 6 Delineating the Interface between the CSDDD and EU Competition Law -- 6.1 The Characteristics of the Companies in Question -- 7 The Nature of the Agreement or Behavior in Question -- 8 The Nature of the Sustainability Objective -- 9 Conclusion -- Part 2 Responsibility to "Respect Human Rights" across Different Industries -- Chapter 5 Shared Responsibility for Human Rights in the Algorithmic Age: Why Business Should Be the States' Ally to Eliminate Discrimination -- 1 Introduction -- 2 Self-binding AI Principles and Ethical Standards (Soft Law) -- 2.1 The Main Principles in Non-binding Guidelines -- 2.2 Limits and Shortcomings -- 2.3 Concrete Guidance Addressed at AI Developers -- 3 The Role of Business to Preserve Human Rights -- 3.1 Business Responsibilities to Avoid Human Rights Harm and Discrimination throughout the Lifecycle of AI Systems -- 3.2 The Tools of the Soft Law Instruments and Proposed Regulatory Frameworks to Achieve Non-discriminatory AI Systems -- 4 Legislative Human Rights Frameworks for AI (Hard Law) -- 4.1 UN Level -- 4.2 Council of Europe Level -- 4.3 European Union Level -- 5 Avoiding a Shift from Classical Public Lawmaking towards Private Rule-Setting: Advantages and Limits of Including Businesses in Private Regulatory Tasks to Avoid Discrimination -- 5.1 Advantages of Involving Businesses: Expertise -- 5.2 Limits of Involving Businesses in the Regulation of AI: Lack of Legitimacy and Private Interests -- 6 Elements and Recommendations for a Potential "Shared Responsibility" Framework between Business and States -- 7 Summary and Concluding Remarks.
Chapter 6 Reasonable Accommodation as a Tool for States and Businesses to Cope with the UNGPS -- 1 Introduction -- 2 A Very Brief Lexicon -- 2.1 Equality - Discrimination - Diversity -- 2.2 Integration - Inclusion -- 3 Integration through the Workplace -- 3.1 The Workplace: Place of Diversity and Integration -- 3.2 Equality and Integration: Two Sides of the Same Coin -- 4 The Workplace according to the UNGP s -- 4.1 Common Considerations -- 4.2 Transversability of Human Rights -- 4.2.1 The Principle -- 4.2.2 UNGP s and Transversability -- 4.3 The Vulnerability in the UN System and the UNGPs -- 4.3.1 The Notion -- 4.3.2 The Contextual Understanding of Vulnerability -- 4.3.3 What Does Paying Attention to Vulnerable Groups Mean? -- 5 The Reasonable Accommodation: How to Cope with Integration in the Workplace -- 5.1 Reasonable Accommodation as a Key Concept -- 5.1.1 The Notion -- 5.1.2 The Three Features of Reasonable Accommodation -- 5.1.2.1 A Disadvantageous Situation -- 5.1.2.2 A Dialogue -- 5.1.2.3 A (Un)reasonable Solution -- 5.2 Some Examples of Reasonable Accommodation -- 5.2.1 Cloutier - An American Case -- 5.2.2 Bergevin - A Canadian Case -- 5.2.3 Dahlab - A Swiss Case -- 5.3 Reasonable Accommodation and the UNGP s -- 5.4 The Integration of Minorities in the Workplace through Reasonable Accommodation -- 6 How Can States Implement Reasonable Accommodation in the Legal Order: The Swiss Example -- 6.1 Foreword -- 6.2 A Comparative Analysis -- 6.2.1 The Basis of the Prohibition of Discrimination - A Quick Overview -- 6.2.1.1 In the United States -- 6.2.1.2 In Canada -- 6.2.1.3 In Switzerland -- 6.2.2 The Political Envision of Diversity -- 6.2.2.1 In the United States -- 6.2.2.2 In Canada -- 6.2.2.3 In Switzerland -- 6.2.3 The Workplace as a Special Matter in Switzerland -- 6.2.3.1 The Swiss Principle of Private Autonomy.
6.2.3.2 A Reminder - The Call for Transversability -- 6.3 Departing from Similarities … -- 6.4. … to Constructing a New Obligation - A Constitutional Change of Interpretation -- 6.5 Considering the Social Impacts of Reasonable Accommodation -- 6.5.1 The Pitfall: The Quebec Crisis of Accommodations -- 6.5.2 The Situation in Switzerland -- 7 Reasonable Accommodation as a Business Policy -- 8 Conclusion -- Chapter 7 Venture Capital and Human Rights Due Diligence: Time to Act -- 1 Introduction -- 2 Setting the Scene: What Is the Issue? -- 2.1 Who Are Venture Capital Investors and Why Do They Matter in the Context of Human Rights Implementation? -- 2.2 What Are the Challenges Faced by Venture Capital Investors When Trying to Integrate Human Rights Considerations in Their Processes? -- 2.3 What Regulatory Frameworks Apply to Venture Capital and Human Rights? -- 3 Time to Act: How Can Venture Capital Investors Implement Human Rights Due Diligence? -- 3.1 What Measures Can Venture Capital Investors Implement? -- 3.1.1 Sourcing Deals -- 3.1.2 Conducting Due Diligence -- 3.1.3 Negotiating the Terms -- 3.1.4 Managing the Investment -- 3.1.5 Exiting the Position -- 4 Conclusion -- Chapter 8 Risk-Creating Industries' Obligation to the Right to Health -- 1 Introduction -- 2 Internationally Recognized Human Rights -- 2.1 The Right to Health -- 2.2 The Right to Adequate Food -- 3 Business and Human Rights Challenges and Normative Framework -- 3.1 Horizontal Effect of Human Rights -- 3.2 Existing Business and Human Rights Normative Framework -- 3.3 The Responsibilities of the Food and Sweetened-Beverage Industry -- 4 An Innovative Normative Movement towards Business and Human Rights: A Call for Direct Accountability upon Corporations -- 4.1 Milieudefensie et al. v. Royal Dutch Shell PLC -- 4.2 A Legally Binding Treaty -- 5 Conclusion.
Chapter 9 From Non-discrimination to the Guiding Principles and Back: How the Olympics Have Addressed Human Rights until Today.
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| Record Nr. | UNINA-9910996695103321 |
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