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Whilst many of us would agree that human rights are more important
than corporate profits, the reality is often different; such
realities as child labour and environmental destruction caused by
corporate activities make this patently clear. Recognising that
balancing human rights and business interests can be problematic,
Corporate Accountability considers the limits of existing complaint
mechanisms and examines non-judicial alternatives for conflict
resolution. The innovative approach herein compiles both
long-standing international expertise and findings based on 25 key
interviews from experts and victims. In contrast to the current
literature, which tends to provide details on the functioning of
the mechanisms, this book delves further to examine the strengths
and weaknesses of each mechanism and provides criteria of
excellence for non-judicial grievance mechanisms. In doing so, it
provides a reality-check for corporate accountability worldwide.
Novel and thought provoking, Corporate Accountability will be a
captivating read for academics as well as companies interested in
human rights and corporate social responsibility. It will also
prove of interest to related state institutions such as development
agencies and other relevant ministries such as chambers of
commerce, trade unions, NGOs and civil society organisations.
This unique book examines whether there is sufficient human rights
accountability for undertakings supported by bilateral state
development and export credit agencies. In contrast to leading
international development and financial actors such as the World
Bank, the accountability of bilateral development and export credit
agencies has, to date, remained widely unexplored. This book
analyses the effectiveness of the human rights system in allowing
affected individuals to claim accountability for human rights
violations resulting from bilateral development and export credit
agency supported undertakings. It provides a comprehensive
examination of development and export credit agencies' legal nature
and explores three legal pathways open to claimants: host state
responsibility, home state responsibility and corporate
responsibility. Furthermore, it includes empirical data on the
corporate responsibility process in seven agencies. Barbara Linder
concludes that there is a significant human rights accountability
gap with regards to bilateral development and export credit agency
supported undertakings. The final chapters make recommendations for
strengthening human rights accountability and improving access to
justice for adversely affected individuals. Academics and
professional lawyers working at the intersection of human rights,
development cooperation and investment will find this a compelling
body of work. The book provides information on existing case law,
highlights human rights accountability gaps and outlines
illustrative case studies that will act as a valuable point of
reference.
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