Book contents
- The Cambridge Companion to Business & Human Rights Law
- Cambridge Companions to Law
- The Cambridge Companion to Business & Human Rights Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Preface
- Cases
- Abbreviations
- 1 Business and Human Rights
- 2 Reconciling International Human Rights with International Trade
- 3 Neoliberalism, State-Capitalism and European Ordo-Liberalism
- 4 Corporate Governance and Corporate Social Responsibility
- 5 The Role of Business in International Development and the Attainment of the Sustainable Development Goals
- 6 The Business Case for Human Rights
- 7 The UN Guiding Principles on Business and Human Rights and Its Predecessors
- 8 The Regulatory Framework of Multinational Enterprises
- 9 The UN Global Compact and the OECD Guidelines for Multinational Enterprises and Their Enforcement Mechanisms
- 10 Taxation and Business
- 11 Corporate Accountability for the Natural Environment and Climate Change
- 12 Corporate Accountability for Corruption and the Business Case for Transparency
- 13 Disability, Business and Human Rights
- 14 Gender, Business and Human Rights
- 15 The Business Sector and the Rights to Work and Just and Favourable Conditions of Work
- 16 Responsible Lending
- 17 Business and Human Rights Approaches to Intellectual Property
- 18 The Role of Human Rights in Investment Law and Arbitration
- 19 The Use of International Arbitration Tribunals for Business and Human Rights Disputes
- 20 Innovative Contractual Remedies with Indigenous Peoples
- 21 The Role of Ethics in Corporate Human Rights Impact Assessments
- 22 Addressing Human Rights Impacts in Sustainability Reporting
- 23 Leveraging the Consumer-Led Movement to Strengthen Sustainable Business
- 24 The Structural Complexity of Multinational Corporations and the Effect on Managing Human Rights Risks in the Supply Chain
- 25 Towards a UN Business and Human Rights Treaty
- Index
1 - Business and Human Rights
Foundations and Linkages
Published online by Cambridge University Press: 10 September 2021
- The Cambridge Companion to Business & Human Rights Law
- Cambridge Companions to Law
- The Cambridge Companion to Business & Human Rights Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Preface
- Cases
- Abbreviations
- 1 Business and Human Rights
- 2 Reconciling International Human Rights with International Trade
- 3 Neoliberalism, State-Capitalism and European Ordo-Liberalism
- 4 Corporate Governance and Corporate Social Responsibility
- 5 The Role of Business in International Development and the Attainment of the Sustainable Development Goals
- 6 The Business Case for Human Rights
- 7 The UN Guiding Principles on Business and Human Rights and Its Predecessors
- 8 The Regulatory Framework of Multinational Enterprises
- 9 The UN Global Compact and the OECD Guidelines for Multinational Enterprises and Their Enforcement Mechanisms
- 10 Taxation and Business
- 11 Corporate Accountability for the Natural Environment and Climate Change
- 12 Corporate Accountability for Corruption and the Business Case for Transparency
- 13 Disability, Business and Human Rights
- 14 Gender, Business and Human Rights
- 15 The Business Sector and the Rights to Work and Just and Favourable Conditions of Work
- 16 Responsible Lending
- 17 Business and Human Rights Approaches to Intellectual Property
- 18 The Role of Human Rights in Investment Law and Arbitration
- 19 The Use of International Arbitration Tribunals for Business and Human Rights Disputes
- 20 Innovative Contractual Remedies with Indigenous Peoples
- 21 The Role of Ethics in Corporate Human Rights Impact Assessments
- 22 Addressing Human Rights Impacts in Sustainability Reporting
- 23 Leveraging the Consumer-Led Movement to Strengthen Sustainable Business
- 24 The Structural Complexity of Multinational Corporations and the Effect on Managing Human Rights Risks in the Supply Chain
- 25 Towards a UN Business and Human Rights Treaty
- Index
Summary
This chapter starts from the premise that business and human rights is much more complex than the impact of corporate practices on the fulfillment of human rights and environmental law. Rather, it is crucial that one identifies the underlying causes of this tension, namely: a) the broader corporate perspective in its transnational context; b) the inter-state investment relations and; c) the international financial architecture. Within all three of these, home and host states interact with each other, as well as with corporations. Powerful home states are lobbied by multinational corporations (MNCs) to create an international framework that better guarantees investment and trade. This is taken up as a policy imperative and reflected in international treaty making. States, both home and host, are clearly central to this process and their achievements, good or bad, will ultimately shape, or open up the space for subsequent corporate conduct. Hence, the starting point for our understanding of business and human rights should not be based on corporations themselves, but rather extend to all the contextual and underlying grounds that shape their existence, regulation and performance.
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- Publisher: Cambridge University PressPrint publication year: 2021