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Human Rights in Business - Removal of Barriers to Access to Justice in the European Union (Paperback)
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Human Rights in Business - Removal of Barriers to Access to Justice in the European Union (Paperback)
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The capacity to abuse, or in general affect the enjoyment of human,
labour and environmental rights has risen with the increased social
and economic power that multinational companies wield in the global
economy. At the same time, it appears that it is difficult to
regulate the activities of multinational companies in such a way
that they conform to international human, labour and environmental
rights standards. This has partially to do with the organization of
companies into groups of separate legal persons, incorporated in
different states, as well as with the complexity of the corporate
supply chain. Absent a business and human rights treaty, a more
coherent legal and policy approach is required. Faced with the
challenge of how to effectively access the right to remedy in the
European Union for human rights abuses committed by EU companies in
non-EU states, a diverse research consortium of academic and legal
institutions was formed. The consortium, coordinated by the
Globernance Institute for Democratic Governance, became the
recipient of a 2013 Civil Justice Action Grant from the European
Commission Directorate General for Justice. A mandate was thus
issued for research, training and dissemination so as to bring
visibility to the challenge posed and moreover, to provide some
solutions for the removal of barriers to judicial and non-judicial
remedy for victims of business-related human rights abuses in
non-EU states. The project commenced in September 2014 and over the
course of two years the consortium conducted research along four
specific lines in parallel with various training sessions across EU
Member States. The research conducted focused primarily on judicial
remedies, both jurisdictional barriers and applicable law barriers;
non-judicial remedies, both to company-based grievance. The results
of this research endeavour make up the content of this report whose
aim is to provide a scholarly foundation for policy proposals by
identifying specific challenges relevant to access to justice in
the European Union and to provide recommendations on how to remove
legal and practical barriers so as to provide access to remedy for
victims of business-related human rights abuses in non-EU states.
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