Law, Business and Human Rights
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Law, Business and Human Rights

Bridging the Gap

9781782546610 Edward Elgar Publishing
Edited by Robert C. Bird, Associate Professor of Business Law, University of Connecticut, Daniel R. Cahoy, Professor of Business Law, Pennsylvania State University, and Jamie Darin Prenkert, Associate Professor of Business Law, Indiana University, Bloomington, US
Publication Date: 2014 ISBN: 978 1 78254 661 0 Extent: 288 pp
The intersection of business and human rights contains substantial economic, social, and political implications. Global business enterprises and civil society groups must establish a constructive and meaningful dialogue in order to work cooperatively to protect human rights. In this innovative book, the authors explore the role of firms in respecting human rights and explain the need for a better understanding of the human rights of affected stakeholders. The goal is to draw attention to these issues and generate common ground between two potentially disparate and conflicting interests.

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Multinational corporations have the potential to bring economic and social benefits to emerging economies, but also social and political upheaval that can suppress fundamental human rights. This book synthesizes views from multinational corporations and civil society groups to find areas of common ground and raise issues of future potential conflict.

The authors draw on their academic specializations in business and law to examine important human rights questions from legal, ethical, and business perspectives. The first part of the book focuses on the role of the multinational corporation in respecting human rights. It follows with an examination of the rights of vulnerable stakeholders and their erosion via direct or indirect corporate activity. Integrating John Ruggie’s “Protect, Respect, and Remedy” framework and the UN’s ‘Guiding Principles of Business and Human Rights’, this book expands upon initial dialogue on the role of business in international human rights at this vital moment in history.

Law, Business and Human Rights provides unity in a broad range of issues from a variety of perspectives that should interest scholars, teachers, students, and practitioners alike.
Critical Acclaim
‘The business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.’
– Shareen Hertel, University of Connecticut, US
Contributors
Contributors: R.C. Bird, N. Bishara, D.R. Cahoy, L.J. Dhooge,
D. Hess, J.S. Hiller, S.S. Hiller, R. Mares,K. McGarry, D. Orozco, M.A. Pagnattaro, S.K,Park, L.Pierre-Louis, J.D. Prenkert
Contents
Contents
Preface
Human Rights and Business at the Indeterminate Crossroads
Robert Bird

Part I: THE ROLE OF FIRMS IN RESPECTING HUMAN RIGHTS
1. “Respect” Human Rights: Concept and Convergence
Radu Mares

2. Human rights reporting as self-interest: The integrative and expressive dimensions of
corporate disclosure
Stephen Kim Park

3. Human rights and a corporation’s duty to combat corruption
Norman Bishara & David Hess

4. The first amendment, compelled speech, and disclosure regulations
Lucien J. Dhooge

5. A co-opetition approach to business, human rights organizations, and due diligence
Janine S. Hiller & Shannon S. Hiller

Part II THE HUMAN RIGHTS OF AFFECTED STAKEHOLDERS
6. Labor rights are human rights: Sustainability initiatives and trade policy
Marisa Anne Pagnattaro

7. The human rights-related aspects of indigenous knowledge in the context of common law
equitable doctrines and the Kiobel decision
David Orozco, Kevin McGarry, & Lydie Pierre-Louis

8. Conflict minerals and polycentric governance of business and human rights
Jamie Darin Prenkert

9. Feeding the world beyond 2050: A coordinated approach to preserving agricultural
innovations and the human right to food
Daniel R. Cahoy

Index
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