This book provides a detailed critical evaluation of the Ruggie Framework and the Guiding Principles on Business and Human Rights, focusing on their non-binding character, the limited ambit and scope of corporate responsibility, the excessive focus on the role of states, and the failure to overcome obstacles in enforcing corporate obligations.
This book provides a detailed critical evaluation of the Ruggie Framework and the Guiding Principles on Business and Human Rights, focusing on their non-binding character, the limited ambit and scope of corporate responsibility, the excessive focus on the role of states, and the failure to overcome obstacles in enforcing corporate obligations.
1. The human rights obligations of business: a critical framework for the future Surya Deva and David Bilchitz; Part I. Process and Methodology: 2. Navigating from 'trainwreck' to being 'welcomed': negotiation strategies and argumentative patterns in the development of the UN Framework Karin Buhmann; 3. The 'Ruggie process': from legal obligations to corporate social responsibility? Carlos Lopez; 4. Treating human rights lightly: a critique of the consensus rhetoric and the language employed by the Guiding Principles Surya Deva; Part II. Source and Justification of Corporate Obligations: 5. A chasm between 'is' and 'ought'? A critique of the normative foundations of the SRSG's Framework and the Guiding Principles David Bilchitz; 6. The corporate responsibility to respect human rights: soft law or not law? Justine Nolan; 7. Putting the business and human rights agenda in context: lessons from the anti-corruption sphere Anita Ramasastry; Part III. Nature and Extent of Corporate Obligations: 8. Business, human rights and gender: a legal approach to external and internal considerations Bonita Meyersfeld; 9. Due diligence and complicity: a relationship in need of clarification Sabine Michalowski; 10. Making noise about silent complicity: the moral inconsistency of the 'Protect, Respect and Remedy' Framework Florian Wettstein; Part IV. Implementation and Enforcement: 11. When human rights 'responsibilities' become 'duties': the extra-territorial obligations of states that bind corporations Daniel Augenstein and David Kinley; 12. Will transnational private regulation close the governance gap? Nicola Jägers; 13. An analysis and practical application of the Guiding Principles on providing remedies with special reference to case studies related to oil companies Tineke Lambooy, Aikaterini Argyrou and Mary Varner; 14. Access to remedy: the United Kingdom experience of MNC tort litigation for human rights violations Richard Meeran.
1. The human rights obligations of business: a critical framework for the future Surya Deva and David Bilchitz; Part I. Process and Methodology: 2. Navigating from 'trainwreck' to being 'welcomed': negotiation strategies and argumentative patterns in the development of the UN Framework Karin Buhmann; 3. The 'Ruggie process': from legal obligations to corporate social responsibility? Carlos Lopez; 4. Treating human rights lightly: a critique of the consensus rhetoric and the language employed by the Guiding Principles Surya Deva; Part II. Source and Justification of Corporate Obligations: 5. A chasm between 'is' and 'ought'? A critique of the normative foundations of the SRSG's Framework and the Guiding Principles David Bilchitz; 6. The corporate responsibility to respect human rights: soft law or not law? Justine Nolan; 7. Putting the business and human rights agenda in context: lessons from the anti-corruption sphere Anita Ramasastry; Part III. Nature and Extent of Corporate Obligations: 8. Business, human rights and gender: a legal approach to external and internal considerations Bonita Meyersfeld; 9. Due diligence and complicity: a relationship in need of clarification Sabine Michalowski; 10. Making noise about silent complicity: the moral inconsistency of the 'Protect, Respect and Remedy' Framework Florian Wettstein; Part IV. Implementation and Enforcement: 11. When human rights 'responsibilities' become 'duties': the extra-territorial obligations of states that bind corporations Daniel Augenstein and David Kinley; 12. Will transnational private regulation close the governance gap? Nicola Jägers; 13. An analysis and practical application of the Guiding Principles on providing remedies with special reference to case studies related to oil companies Tineke Lambooy, Aikaterini Argyrou and Mary Varner; 14. Access to remedy: the United Kingdom experience of MNC tort litigation for human rights violations Richard Meeran.
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