International Community Law Review最新文献_第7页

Public Procurement as a Tool to Promote Sustainable Business Strategies: The Way Forward for the European Union 公共采购作为促进可持续商业战略的工具:欧盟的前进之路

IF 0.7

International Community Law Review Pub Date : 2022-03-03 DOI: 10.1163/18719732-12341488

Michele Cozzio

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引用次数: 0

A Public International Law Outlook on Business and Human Rights 商业与人权的国际公法展望

IF 0.7

International Community Law Review Pub Date : 2022-03-03 DOI: 10.1163/18719732-bja10070

Ludovica Chiussi Curzi, Camille Malafosse

{"title":"A Public International Law Outlook on Business and Human Rights","authors":"Ludovica Chiussi Curzi, Camille Malafosse","doi":"10.1163/18719732-bja10070","DOIUrl":"https://doi.org/10.1163/18719732-bja10070","url":null,"abstract":"The relationship between corporations and human rights has long been in the eye of international law. As the nature and reach of corporate actors make them impervious targets for domestic regulation, international law has become increasingly concerned with the adverse impact of business activities on human rights and the environment. This article critically examines the major existing international regulatory initiatives on business and human rights from the lens of public international law. First, we will explore the major challenges faced by international law in addressing corporate activities. Second, the core non-binding instruments adopted in the past decades will be examined, highlighting the progressive incorporation of some of their key standards in domestic legislation. Third, the increasingly relevant role of some of the business and human rights standards in domestic and international litigation will be examined. Fourth, we will look at the path towards a treaty on business and human rights. The argument will be made that although binding regulation is not a panacea for the multifaceted problem of corporate human rights liability it can provide a useful tool to harmonize domestic legislation and to give teeth to the existing non-binding instruments.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"77 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531578","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

Contract as an Instrument Achieving Sustainability and Corporate Social Responsibility Goals 契约作为实现可持续发展和企业社会责任目标的工具

IF 0.7

International Community Law Review Pub Date : 2022-03-03 DOI: 10.1163/18719732-12341485

Laura Valle, Maria Chiara Marullo

{"title":"Contract as an Instrument Achieving Sustainability and Corporate Social Responsibility Goals","authors":"Laura Valle, Maria Chiara Marullo","doi":"10.1163/18719732-12341485","DOIUrl":"https://doi.org/10.1163/18719732-12341485","url":null,"abstract":"As a positive influence of the UN Guiding Principles on Business and Human Rights and the OECD Guidelines, in the last years many multinational companies have adopted practices and standards of protection of human rights and the environment. However, these practices have proven to be insufficient when looking at the harmful events involving human rights and environmental resources, which seems even more problematic in the current context of sanitary and socioeconomic crisis derived from the covid-19 pandemic. On the other hand, these past few years have also seen the adoption of legal provisions on non-financial communications of large enterprises, some sectorial regulations at the EU level and national laws on human rights and environmental due diligence duties, which could help to overcome the situation described above. This article aims at analysing whether and how, in the current and future legal framework, contractual instruments can contribute to the goal of human rights and environmental protection as regards business activities and how important their role can be in terms of sustainability and corporate social responsibility.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"21 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531580","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

From ‘Due Diligence’ to ‘Adequate Redress’. Towards Compulsory Human Rights and Environmental Insurance for Companies? 从“尽职调查”到“充分补救”。企业走向强制性人权与环境保险?

IF 0.7

International Community Law Review Pub Date : 2022-03-03 DOI: 10.1163/18719732-12341487

Stephen J. Turner, Claire Bright

{"title":"From ‘Due Diligence’ to ‘Adequate Redress’. Towards Compulsory Human Rights and Environmental Insurance for Companies?","authors":"Stephen J. Turner, Claire Bright","doi":"10.1163/18719732-12341487","DOIUrl":"https://doi.org/10.1163/18719732-12341487","url":null,"abstract":"This article considers the case for compulsory corporate human rights and environmental insurance. It approaches it within the context of the need for more effective, efficient and just systems of redress for the victims of human rights and environmental harm that is caused by companies where they have operations or supply chains in single or multiple jurisdictions. Developments within the field of corporate responsibility for human rights and environmental issues have led to a variety of different initiatives that range from the UN ‘protect, respect, and remedy’ framework and the associated human rights due diligence (HRDD) framework, to specific legal developments in certain jurisdictions and other schemes developed by international organisations, as well as by civil-society and businesses themselves. From the perspective of corporate law, these changes have taken place within a legal framework that has certain features that have hindered the availability of remedies for victims of associated human rights and environmental harm. This article problematises the issue of redress for corporate human rights violations and environmental degradation within the context of international developments in this field. It considers whether there is a prima facie case for the establishment of a comprehensive compulsory human rights and environmental insurance regime for companies that would require them to operate to a high standard of care in their operations, and which would ultimately provide a more straightforward system of redress for victims.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"77 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531579","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

From CSR to HRDD: An Overview of Approaches, Initiatives and Measures Adopted by the European Union 从企业社会责任到人权发展:欧盟采取的方法、倡议和措施概述

IF 0.7

International Community Law Review Pub Date : 2022-03-03 DOI: 10.1163/18719732-bja10072

Monica Rosini

{"title":"From CSR to HRDD: An Overview of Approaches, Initiatives and Measures Adopted by the European Union","authors":"Monica Rosini","doi":"10.1163/18719732-bja10072","DOIUrl":"https://doi.org/10.1163/18719732-bja10072","url":null,"abstract":"In recent years, the European Union has done much to promote Corporate Social Responsibility (CSR) and to implement the UN Guiding Principles on Business and Human Rights (UNGPs). Through CSR, enterprises can contribute to the EU objectives of sustainable development and a competitive social market economy. For these purposes, the EU has used a smart mix of voluntary and mandatory actions. The paper provides an overview of these actions, starting from the 2001 Green Paper of the Commission. In particular, it will focus on the renewed EU strategy 2011–14 for CSR, which combines horizontal approaches to promote CSR with more specific strategies for individual sectors or policy areas. This document is a significant turning point because it offers a modern understanding of CSR as “the responsibility of enterprises for their impact on society”. This new definition implies its possible configuration as a set of rules able to assume legal value and to produce legal effects. Thus, the paper analyzes the most significant actions and instruments adopted by the EU for the implementation of the 2011–14 strategy and the new notion of CSR. This analysis will make it possible to grasp the gradual evolution of the EU approach to CSR towards mandatory instruments, such as directives and regulations. In the most recent period, the EU approach seems more strongly oriented towards the adoption of mandatory due diligence legislation to enforce companies’ socially responsible behavior in the post-Covid context. In conclusion, the paper addresses the role played by the EU in supporting and, where necessary, enforcing companies to conduct their business responsibly.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"1101 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531581","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

Mugemangango v. Belgium: No Exceptions for “Old Democracies” Mugemangango诉比利时:“老牌民主国家”无例外

IF 0.7

International Community Law Review Pub Date : 2021-12-20 DOI: 10.1163/18719732-bja10058

James R. Brakebill

引用次数: 0

The EU Global Human Rights Sanctions Regime: between Self Help and Global Governance 欧盟全球人权制裁制度:在自助与全球治理之间

IF 0.7

International Community Law Review Pub Date : 2021-12-20 DOI: 10.1163/18719732-bja10067

Nathanael Tilahun

引用次数: 1

Gaps in Corporate Liability 公司责任缺口

IF 0.7

International Community Law Review Pub Date : 2021-11-10 DOI: 10.1163/18719732-23050005

Jelena Aparac

引用次数: 1

Drafting an International Legally Binding Instrument on Business and Human Rights 起草关于工商业与人权的具有法律约束力的国际文书

IF 0.7

International Community Law Review Pub Date : 2021-11-10 DOI: 10.1163/18719732-23050004

Elżbieta Karska

引用次数: 1

Legal Position of Administrative Courts in Poland 波兰行政法院的法律地位

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International Community Law Review Pub Date : 2021-11-10 DOI: 10.1163/18719732-23050007

M. Wiącek

引用次数: 0