Editors:
- Offers an outstanding comparative analysis of private international law aspects of corporate social responsibility
- Discusses the core question of how to ensure adequate access to remedy for victims of corporate abuses
- Includes an extensive discussion on how domestic judiciaries interpret and apply concepts of corporate social responsibility
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 42)
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Table of contents (21 chapters)
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Front Matter
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General Report
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Front Matter
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About this book
This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses.
This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy andreparation for corporate abuses under the prism of private international law.
Editors and Affiliations
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Université Panthéon-Assas Paris II, Paris, France
Catherine Kessedjian
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School of Law, University of Monterrey, Monterrey, Mexico
Humberto Cantú Rivera
About the editors
Humberto Cantú Rivera is a Professor at the School of Law and Social Sciences of Universidad de Monterrey (UDEM), in Mexico. A Ph.D. graduate from University Panthéon-Assas Paris II, he is the Executive Director of UDEM’s Institute for Human Rights and Business, the first research institute of its kind in Latin America. He has been an Expert Advisor to the Delegationof Mexico in the business and human rights treaty negotiations at the UN, and has advised international, regional and national organizations and agencies on business and human rights, rule of law, and economic, social and cultural rights.
Bibliographic Information
Book Title: Private International Law Aspects of Corporate Social Responsibility
Editors: Catherine Kessedjian, Humberto Cantú Rivera
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-030-35187-8
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-35186-1Published: 07 March 2020
Softcover ISBN: 978-3-030-35189-2Published: 07 March 2021
eBook ISBN: 978-3-030-35187-8Published: 06 March 2020
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: X, 701
Number of Illustrations: 2 b/w illustrations, 1 illustrations in colour
Topics: Private International Law, International & Foreign Law, Comparative Law, Human Rights, Corporate Social Responsibility