In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.

This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held accountable for violations of such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie's (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights.

"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.

Economic, Social and Cultural Rights is a collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. The volume discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors; the nature and scope of substantive economic, social and cultural rights such as education, health, work, water, enjoyment of the benefits of scientific progress, and cultural rights; as well as the justiciability of these rights at an international level and at the national level. The paramount importance of such questions is illustrated, among other things, by the catastrophic situation of economic, social and cultural rights as human rights in developing and developed states. The volume is divided into three main parts which focus on human rights obligations for states and non-state actors arising from treaties protecting economic, social and cultural rights; analysis of selected substantive rights; and finally the justiciability of economic, social and cultural rights in various contexts such as within the United Nations, Europe, Inter-American, and African systems, as well as within the domestic system.

This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

This book has many merits. It will make fascinating reading for the increasing number of organizational scholars who wonder how organizational research can engage more in accounting for the impact of corporations on their environment in a broad sense. Bahar Ali Kazmi, Bernard Leca and Philippe Naccache, Organization Studies This book is for those who will enjoy a thoughtful and informative monograph that acutely summarises and refreshes critique from a political and sociological perspective. It is a comprehensive re-interpretation of the corporate world and the evidently meretricious regime of CSR which makes it an enjoyable compendium for critical management studies fans . . this erudite volume will be valuable to mainstream, social science academics either involved in (or dismissive of) CSR and sustainability discourses in management education and research. David Bevan, Scandinavian Journal of Management Banerjee s book is thought provoking and must be read. But it should be read not only by corporate social responsibility scholars but by all business scholars. It is through Banerjee s provocations that we can understand the shortcomings of corporate systems and the boundaries of corporate social responsibility. Pratima Bansal, Administrative Science Quarterly This is a tour de force that carefully assembles and incisively interrogates perhaps the most pressing problem of our age: how to harness the resources of corporations to tackle global problems of poverty, oppression and environmental degradation? Banerjee does not present us with glib pronouncements or simplistic fixes. Instead, he brilliantly illuminates the scale of the challenges and lucidly assesses the relevance and value of CSR responses to date. Hugh Willmott, University of Cardiff, UK Bobby Banerjee takes on the popular mythologies of neo-liberal corporate social responsibility with enviable flair and a thoroughness of scholarship that will dismay its apologists. His critique extends from the origins of the modern corporation and its well-known abuses and excesses to far harder targets the more attractive alternatives that have been developed for theory and practice that, as Banerjee shows brilliantly, only serve to mask continuing neo-colonial abuses. Banerjee is not content simply to expose the impossibilities of doing good works whilst maximizing shareholder value, the win-win view of CSR, but he bites the bullet with some uncompromising but realistic proposals for the future reconstruction of CSR both as a field of study and as a business practice. We have needed this exposure of the bad and the ugly for a long time. The current versions of CSR are simply just not good enough. Stephen Linstead, University of York, UK Banerjee pulls the beguiling mask off corporate social responsibility. Taking the vantage point of the world s poor, he shows CSR to be a cruel hoax corporations cynical effort to undermine growing demands for economic and environmental justice. Paul S. Adler, University of Southern California, US This book problematizes the win-win assumption underlying discourses of CSR and suggests that it is a rhetoric that is invariably subordinated to that of corporate rationality. Rather than see CSR as providing the means to transform corporations by advocating a stakeholder view of the firm it argues that CSR represents an ideological movement designed to consolidate the power of transnational corporations and provide a veneer of liberality to the illiberal economic agenda of the major global institutions. Stewart Clegg, University of Technology, Sydney, Australia Professor Banerjee offers us a refreshing analysis of corporate social responsibility (CSR) in an otherwise comparatively turgid literary landscape. People may disagree with his criticism that because of its preoccupation with shareholder value, the corporation is an inappropriate agent for social change but it is backed up by strong theoretical and substantive empirical

Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.