Utrecht Journal of International and European Law最新文献_第10页

Jones v. United Kingdom: The European Court of Human Rights Restricts Individual Accountability for Torture 琼斯诉英国:欧洲人权法院限制个人对酷刑的问责

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Utrecht Journal of International and European Law Pub Date : 2014-08-19 DOI: 10.5334/UJIEL.CN

Cedric Ryngaert

引用次数: 2

The Legal Aspects of Corporate Social Responsibility: Interview with Ursula Wynhoven 企业社会责任的法律层面:访谈厄休拉·温霍文

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CH

Benjamin Thompson, Erica Teeuwen, Ilina Georgieva

引用次数: 2

Legal Aspects of Corporate Social Responsibility 企业社会责任的法律层面

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.BZ

T. Lambooy

引用次数: 21

Corporate Social Responsibility of Multinational Corporations in Developing Countries: Perspectives on Anti-Corruption 发展中国家跨国公司的企业社会责任:反腐败视角

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CG

R. Ako

引用次数: 10

Was Kiobel Detrimental to Corporate Social Responsibility? Applying Lessons Learnt from American Exceptionalism Kiobel对企业社会责任有害吗?运用美国例外论的经验教训

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CE

Benjamin Thompson

{"title":"Was Kiobel Detrimental to Corporate Social Responsibility? Applying Lessons Learnt from American Exceptionalism","authors":"Benjamin Thompson","doi":"10.5334/UJIEL.CE","DOIUrl":"https://doi.org/10.5334/UJIEL.CE","url":null,"abstract":"The recent decision in the US Supreme Court Kiobel case applied the presumption against extraterritoriality towards the Alien Tort Statute, decreasing the potential scope of tort actions that can be made against corporations for severe human rights violations. In light of the growing influence of multinational corporations and the lack of any international law regime to regulate corporate wrongdoing, this decision might be seen as a blow against one of the few potential avenues for justice for those victims of corporate human rights violations. The Alien Tort Statute is not a jurisdictional statute that allows for claims under international law but is rather a uniquely American cause of action unconnected to international law. The question remains whether an extension of American law to provide remedies for severe corporate human rights abuses can be justified in the absence of any such remedies existent in international law. This article will attempt to answer this question applying criteria developed by leading scholars in response to American exceptionalism. It will argue that the Kiobel decision, rather than being detrimental to holding corporations accountable, actually addresses many of the negative aspects of extraterritorial litigation whilst preserving some possibility of remedy for victims of severe human rights violations by corporations.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":"30 1","pages":"82-98"},"PeriodicalIF":0.6,"publicationDate":"2014-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Liability of European States for Climate Change 欧洲国家对气候变化的责任

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CI

R. Cox

引用次数: 15

International Obligations, State Responsibility and Judicial Review Under the OECD Guidelines for Multinational Enterprises Regime 经合组织跨国企业制度准则下的国际义务、国家责任和司法审查

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CD

S. Robinson

{"title":"International Obligations, State Responsibility and Judicial Review Under the OECD Guidelines for Multinational Enterprises Regime","authors":"S. Robinson","doi":"10.5334/UJIEL.CD","DOIUrl":"https://doi.org/10.5334/UJIEL.CD","url":null,"abstract":"The OECD Guidelines for Multinational Enterprises were viewed at their genesis as political commitments not legally binding on states and only voluntary for corporations. Due to the OECD Council Decision on the Guidelines for Multinational Enterprises in 2000/2011, however, OECD Member States are compelled to implement this regime by the establishment and operation of a National Contact Point (NCP) as a state-based, non-judicial, dispute resolution mechanism to handle complaints concerning corporations operating from or within their respective jurisdictions. This paper does not analyse weaknesses in the often-troubled NCP system nor does it propose reforms. Rather, it examines the current system from the legal perspective of OECD Member States and explores the relatively ignored extent of their obligations under it. This paper posits that on account of the Council Decision, treaty-derived, international obligations are in fact imposed on OECD Member States under the NCP system and that NCP maladministration can lead to state responsibility at international law. In any event, however, it seems clear that there does not exist any review mechanism—domestically or internationally—capable of attributing internationally wrongful conduct to an OECD Member State on account of its NCP.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":"30 1","pages":"68-81"},"PeriodicalIF":0.6,"publicationDate":"2014-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

Competing Transnational Regimes under WTO Law WTO法律下的跨国竞争制度

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CC

C. Glinski

{"title":"Competing Transnational Regimes under WTO Law","authors":"C. Glinski","doi":"10.5334/UJIEL.CC","DOIUrl":"https://doi.org/10.5334/UJIEL.CC","url":null,"abstract":"Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing) public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":"30 1","pages":"44-67"},"PeriodicalIF":0.6,"publicationDate":"2014-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70725787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sexual Orientation, Human Rights, and Corporate Sponsorship of the Sochi Olympic Games: Rethinking the Voluntary Approach to Corporate Social Responsibility 性取向、人权和索契冬奥会的企业赞助:重新思考企业社会责任的自愿方式

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Utrecht Journal of International and European Law Pub Date : 2014-02-28 DOI: 10.5334/UJIEL.CF

Jeffrey A. Van Detta

{"title":"Sexual Orientation, Human Rights, and Corporate Sponsorship of the Sochi Olympic Games: Rethinking the Voluntary Approach to Corporate Social Responsibility","authors":"Jeffrey A. Van Detta","doi":"10.5334/UJIEL.CF","DOIUrl":"https://doi.org/10.5334/UJIEL.CF","url":null,"abstract":"Multi-national enterprises (MNEs) have provided substantial sponsorship for the Sochi Winter Olympic Games despite a host-country government that has recently enacted stunningly harsh legislation aimed at the Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) communities within Russia. This is a Corporate Social Responsibility (CSR) problem. Should Europe address it through voluntary corporate compliance, Europe’s historically preferred mode of promoting CSR? Or should Europe reconsider whether it can more effectively promote CSR compliance legislatively – and if so, by what kind of legislation? To honor the explicit and increased protections of human rights against sexual orientation discrimination in the Treaty of Amsterdam and the Charter of Fundamental Human Rights, more than voluntary, good intentions are needed. Particularly since the United States has effectively bowed out of enforcing CSR through the American federal courts, there now exists a regulatory lacuna that the European Commission is best situated to fill through the precision offered by judicious rulemaking. The article ultimately proposes an approach that combines the public-pressure engine that fuels voluntary CSR with public disclosures mandated by law to optimize the information and mobilization of public opinion and pressure – factors particularly noteworthy given the powerful “branding” benefits that MNEs seek through Olympic sponsorship.","PeriodicalId":30606,"journal":{"name":"Utrecht Journal of International and European Law","volume":"30 1","pages":"99-124"},"PeriodicalIF":0.6,"publicationDate":"2014-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70726294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Dutch Political Reformed Party (SGP) and Passive Female Suffrage: A Comparison of Three High Court Judgments From the Viewpoint of Democratic Theory 荷兰政治改革党(SGP)与女性被动选举权:从民主理论的角度比较三个高等法院的判决

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Utrecht Journal of International and European Law Pub Date : 2013-07-24 DOI: 10.5334/UJIEL.BU

J. D. Brink, H. T. Napel

引用次数: 1