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Article

15 Jun 2018

Author:
Cedric Ryngaert (ed.), Utrecht Law Review, Vol. 14, Issue 2 (2018)

Special Issue on Accountability of Multinational Corporations for Human Rights Abuses

...This special issue of the Utrecht Law Review...combines a number of contributions on diverse aspects of corporate accountability...The contributions to this special issue...engage with how legal tools and techniques may be interpreted...with a view to bringing about corporate accountability in a transnational context...[T]hey point out the possibilities under existing law...[T]hey identify the accountability limitations..., while making recommendations on how to overcome them...

Articles

Tort Litigation against Transnational Corporations in the English Courts: The Challenge of Jurisdiction, Ekaterina Aristova
...The central purpose of this article is to demonstrate how jurisdictional issues arising in Tort Liability Claims challenge the traditional paradigm of private international law... The article focuses on the rules of jurisdiction applied by the English courts and...on the much-debated decisions in Lungowe v Vedanta and Okpabi v Shell.

An Evaluation of Two Key Extraterritorial Techniques to Bring Human Rights Standards to Bear on Corporate Misconduct. Jurisdictional dilemma raised/created by the use of the extraterritorial techniques, Rachel Chambers
This article evaluates two key extraterritorial techniques to bring human rights standards to bear on corporate misconduct...The background to the article is the difficulty of imposing human rights standards on transnational business operating in ‘host’ countries where...such standards are not implemented locally, resulting in governance gaps...

The Accountability and Corporate Social Responsibility of Multinational Corporations for Transgressions in Host States through International Investment Law, Yulia Levashova
...This article analyses the legal implications of the Corporate Social Responsibility (CSR) provisions found in a number of IIAs [International Investment Agreements] in terms of investor responsibility and accountability...

The Added Value of Tender-Based Public Procurement as an Instrument to Promote Human Rights Compliance: What Impact May Be Expected from the Instrument? Myrthe Vogel...[T]he paper aims to provide a realistic perspective on the potential of tender-based public procurement as an instrument to promote human rights compliance and the barriers that should be taken into account in this regard.  

Can WTO Member States Rely on Citizen Concerns to Prevent Corporations from Importing Goods Made from Child Labour? Aleydis Nissen
There has been a polarised debate on the desirability of import restrictions to increase corporate accountability for child labour that occurs in global supply chains. Some scholars have indicated that states...could sidestep this debate relying upon the perceptions that people in the importing market might have...This essay revisits the WTO DSM's case law in order to determine whether such values or beliefs might justify import restrictions...

The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy? Benjamin Thompson
...In 2016, the Dutch Government collaborated with the Dutch banking sector and civil society to create the Dutch Banking Sector Agreement...This article reviews how the actors involved drafted the Agreement in light of prevalent divergences in understandings over how human rights apply to banks’ financing activities...