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Human Rights and Corporate Wrongs
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Human Rights and Corporate Wrongs

Closing the Governance Gap

9780857934758 Edward Elgar Publishing
Simon Baughen, Institute of International Shipping and Trade Law, College of Law and Criminology, Swansea University, UK
Publication Date: 2016 ISBN: 978 0 85793 475 8 Extent: 304 pp
The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. This timely book considers how these ‘governance gaps’, as identified by Professor John Ruggie, may be closed. Simon Baughen examines the status of corporations under international law, the civil liability of corporations for their participation in international crimes and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles.

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The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. This timely book considers how these ‘governance gaps’, as identified by Professor John Ruggie, may be closed. Simon Baughen examines the status of corporations under international law, the civil liability of corporations for their participation in international crimes and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles.

The book includes in-depth analysis of the key legal issues and examines a variety of scenarios including: the Alien Tort Statute litigation against transnational corporations (TNCs) in the US; the use of customary international law as a cause of action in jurisdictions outside the US; and tort litigation against TNCs in the US and UK. The author evaluates how governance gaps may be closed, building on a critical analysis of the place of home States, host States and TNCs under international law and of the UN Guiding Principles and other ‘soft law’ initiatives.

This book will be essential reading for postgraduate students and academics in human rights and corporate governance. It will also provide comprehensive insights for practitioners in NGO.
Critical Acclaim
‘This book will be an important resource for scholars and practitioners alike in the emerging field of business and human rights. Simon Baughen's careful and comprehensive analysis of the US and UK case law on corporate responsibility for human rights abuses is invaluable.’
– Claire Methven O'Brien, The Danish Institute for Human Rights

‘It is extremely satisfying to read such a professionally crafted piece of legal analysis.’
– Alice De Jonge, Monash University
Contents
Contents: 1. Corporations and International Law 2. Suing in the US (1): Jurisdiction 3. Suing in the US (2): The Alien Tort Statute 1789 and Statutory Causes of Action 4. The ‘Law of Nations’ as a Cause of Action in the US 5. Tort Claims Against Transnational Corporations in the US 6. Tort Claims Against Transnational Corporations in the UK 7. Customary International Law as a Cause of Action Outside the US 8. Voluntary Codes and the UN Guiding Principles Conclusion Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 0 85793 476 5
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