Human Rights and International Law - Böcker

The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal.This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed.The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed.The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

In this book Kerry O’Halloran analyses a subject of international interest – religion – and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies – nationally and internationally – are contributing to religion’s currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally.Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes – such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion – and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising.This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions.The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence.The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

The 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights.The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated.This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

This book sails in uncharted waters. It takes a human rights-based approach to tax havens, and is a detailed analysis of structures and the laws that generate and support these. It makes plain the unscrupulous or merely indifferent ways in which, using tax havens, businesses and individuals systematically undermine and for all practical purposes eliminate access to remedies under international human rights law. It exposes as abusive of human rights a complex structural web of trusts, companies, partnerships, foundations, nominees and fiduciaries; secrecy, immunity and smoke screens. It also lays bare the cynical manipulation by tax havens of traditional legal forms and conventions, and the creation of entities so bizarre and chimeric that they defy classification. Yet from the perspective of the tax havens themselves, these are entirely legitimate; the product of duly enacted domestic laws.This book is not a work of investigative journalism in the style of the Pulitzer Prize-winning authors of The Panama Papers, exposing political or financial corruption, money laundering or the financing of terrorism. All those elements are present of course, but the focus is on international human rights and how tax havens do not merely facilitate but actively connive at their breach. The tax havens are compromising the international human rights legal continuum.

In recent decades, there have been many changes to adoption law and practice, such as a sharp decline in the voluntary relinquishment of children, an increase in the number consigned to public care, and an abrupt decrease in those made available on an intercountry basis. Additionally, human rights are becoming more prominent, particularly in relation to issues such as: non-consensual adoption; the ethics of intercountry adoption; the eligibility of LGBT adopters; the impact of commercial surrogacy; and the sometimes conflicting rights of birth parents and adoptees when accessing agency birth records. In this book, O’Halloran presents a comparative analysis of the interaction between adoption law and human rights in common law (England and the US), civil law (France and Germany), and Asiatic traditions (Japan and China), while also developing a matrix of legal functions to assist in identifying and analysing areas of tension between human rights and adoption. This book is intended for a lawyer readership, whether professional, student or academic: researchers and postgraduate students in subjects such as social work, social policy and politics may also find it helpful.

Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

In this book Kerry O’Halloran analyses a subject of international interest – religion – and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies – nationally and internationally – are contributing to religion’s currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally.Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes – such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion – and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising.This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.

This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.

The climate crisis is a human rights crisis as health, homes, education, and numerous other areas of human life are affected. In this work, the authors examine how the UN Convention on the Rights of the Child applies to the climate crisis and argue that children and youth are rights-makers, reshaping legal and political norms for everyone. The authors also analyse ways in which children/youth are leading the fight against climate change with rights advocacy. Their climate action at national level, in international forums, and in the courts is examined. It is concluded that children/youth have had distinct impacts across these different arenas in which human rights are shaped. Participation rights for children/youth, then, are bringing tangible change not just for themselves, but for everyone.The book will be an invaluable resource for academics, researchers and policy-makers working in human rights law, children’s rights, environmental law, childhood studies and social policy. It will also likely benefit climate advocates, litigators, and others as it outlines doctrinal footholds and procedural innovations in the area.

This book argues that there are weaknesses in the international systems of socio-economic rights protection and that these weaknesses can be mitigated or overcome through the practice of interaction between these systems. The work examines the international protection of socio-economic rights and shows that it is vulnerable in terms of its personal and material scope, its content and the extent of permissible limitations.Against this background, it explores the role of interaction between legal orders as a tool for improving this protection. Based on a large-scale survey of explicit cross-referencing across a substantial number of monitoring bodies, courts and systems in cases and other jurisprudential outputs, the book assesses the extent to which interaction takes place in the context of the international protection of socio-economic rights. Drawing on its own conceptual framework of interaction between legal orders, it then illustrates the dynamics of how interaction has been used to mitigate or overcome the weaknesses of international protection and to advance this protection. While also recognising the shortcomings, the work calls for better interactive practices and sets out criteria that should inform interactive practices going forward.The book will be a valuable resource for academics, researchers, judges and policy-makers working in the areas of International Human Rights Law, Social Justice, Political Science and International Relations.

This book systematically documents the practice of the ASEAN Intergovernmental Commission on Human Rights (AICHR) on the protection of human rights. It provides a template of universal standards, spanning prevention, response and mitigation, and redress and remedies, from which to gauge the performance of the AICHR. The evidence points to a Commission that leaves much to be desired and whose protective function needs significant improvement. Nevertheless, the National Representatives of Member States to the AICHR have taken important and positive steps that lay the groundwork for a more protection-oriented Commission. The work offers avenues for the National Representatives, the ASEAN Member States and civil society to enhance the protection function of the AICHR and to thus more closely align it with hard-won international standards and best practices. The book will be of interest to representatives of the AICHR, human rights practitioners, ASEAN policymakers, and academics, students, researchers and policymakers in the areas of international relations, human rights law and Asian studies.

Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

In recent decades, there have been many changes to adoption law and practice, such as a sharp decline in the voluntary relinquishment of children, an increase in the number consigned to public care, and an abrupt decrease in those made available on an intercountry basis. Additionally, human rights are becoming more prominent, particularly in relation to issues such as: non-consensual adoption; the ethics of intercountry adoption; the eligibility of LGBT adopters; the impact of commercial surrogacy; and the sometimes conflicting rights of birth parents and adoptees when accessing agency birth records. In this book, O’Halloran presents a comparative analysis of the interaction between adoption law and human rights in common law (England and the US), civil law (France and Germany), and Asiatic traditions (Japan and China), while also developing a matrix of legal functions to assist in identifying and analysing areas of tension between human rights and adoption. This book is intended for a lawyer readership, whether professional, student or academic: researchers and postgraduate students in subjects such as social work, social policy and politics may also find it helpful.

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories.This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur.Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

This book sails in uncharted waters. It takes a human rights-based approach to tax havens, and is a detailed analysis of structures and the laws that generate and support these. It makes plain the unscrupulous or merely indifferent ways in which, using tax havens, businesses and individuals systematically undermine and for all practical purposes eliminate access to remedies under international human rights law. It exposes as abusive of human rights a complex structural web of trusts, companies, partnerships, foundations, nominees and fiduciaries; secrecy, immunity and smoke screens. It also lays bare the cynical manipulation by tax havens of traditional legal forms and conventions, and the creation of entities so bizarre and chimeric that they defy classification. Yet from the perspective of the tax havens themselves, these are entirely legitimate; the product of duly enacted domestic laws.This book is not a work of investigative journalism in the style of the Pulitzer Prize-winning authors of The Panama Papers, exposing political or financial corruption, money laundering or the financing of terrorism. All those elements are present of course, but the focus is on international human rights and how tax havens do not merely facilitate but actively connive at their breach. The tax havens are compromising the international human rights legal continuum.