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Full-Text Articles in Law
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
Faculty & Staff Scholarship
This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …
Corporate Social Responsibility Versus Business And Human Rights: Bridging The Gap Between Responsibility And Accountability, Anita Ramasastry
Corporate Social Responsibility Versus Business And Human Rights: Bridging The Gap Between Responsibility And Accountability, Anita Ramasastry
Articles
This article explores the evolution of business and human rights (BHR) from a lawyer’s perspective and examines how it is contextually and conceptually different from corporate social responsibility (CSR) in its aims and ambitions. While CSR emphasizes responsible behavior, BHR focuses on a more delineated commitment in the area of human rights. BHR is, in part, a response to CSR and its perceived failure. This has led to a gap with two disciplines or strands of discourse that are diverging rather than converging. This article explores how the quest for accountability shapes a very different narrative for BHR, which takes …
Iso 26000: Bridging The Public/Private Divide In Transnational Business Governance Interactions, Kernaghan Webb
Iso 26000: Bridging The Public/Private Divide In Transnational Business Governance Interactions, Kernaghan Webb
Transnational Business Governance Interactions Working Papers
This paper explores the proposition that the ISO 26000 social responsibility guidance standard represents an innovative form of global social responsibility (SR) rule instrument that performs five key distinctive bridging functions in addressing public and private transnational business governance interactions: (1) top down transpositions of key concepts from inter-‐governmental instruments directed at first instance at states into a non-‐state global SR rule instrument applying directly to transnational corporations (TNCs) and other organizations; (2) bottom up transpositions of key concepts from non-‐state SR instruments of narrow focus to apply more broadly to all SR activities; (3) innovations in the standards development …
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Scholarly Works
This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
Publications
No abstract provided.
Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson
Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson
Scholarly Works
This article argues that modern foreign direct investment law is a vestige of the colonial era during which early forms of transnational corporations emerged. Unlike international trade law and despite the dramatic developments of the twentieth century, foreign direct investment law remains largely unchanged. Due to a lack of political will, prior multilateral efforts to implement comprehensive foreign direct investment law reforms have been largely unsuccessful. However, in recent years, growing political will has emerged under the umbrella of Global Corporate Citizenship and related movements. This article posits that Global Corporate Citizenship is an opportunity to reframe and reform foreign …