ABSTRACT

Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

chapter 1|9 pages

Introduction

ByAngelica Bonfanti

chapter 3|11 pages

Managing Global Interdependencies through Law and Governance

The European Approach to Business and Human Rights
ByDaniel Augenstein

part I|2 pages

The State Duty to Protect Human Rights

chapter 4|11 pages

Enforcing the State Duty to Protect under the UN Guiding Principles on Business and Human Rights

Strasbourg Views
ByMarco Fasciglione

chapter 6|12 pages

The Duty to Protect in Public Procurement

Toward a Mandatory Human Rights Clause?
ByDeborah Russo

chapter 8|11 pages

National Action Plans

A Pathway to Effective Implementation of the United Nations Guiding Principles?
ByMarta Bordignon

part II|2 pages

The Corporate Responsibility to Respect Human Rights

chapter 9|13 pages

European Approaches to Promoting Responsible Supply Chains

ByCindy S. Woods

chapter 10|12 pages

Due Diligence, Reporting and Transparency in Supply Chains

The United Kingdom Modern Slavery Act
ByOlga Martin-Ortega

chapter 11|11 pages

Blending Together Human Rights Due Diligence with ‘Criminal’ Law

Opportunities and Pitfalls of the Italian Solution
ByPaola Cavanna

chapter 12|12 pages

From Human Rights Due Diligence to Duty of Vigilance

Taking the French Example to the EU Level
ByTiphaine Beau de Loménie, Sandra Cossart, Paige Morrow

chapter 13|12 pages

Corporate Human Rights Compliance and Disinvestment

Lessons from the Norwegian Sovereign Wealth Fund
ByLudovica Chiussi

chapter 14|11 pages

EU Approaches on ‘Conflict Minerals’

Are They Consistent with the UN/OECD Supply Chain Due Diligence Standards?
ByValentina Grado

chapter 15|13 pages

ICT Companies’ Responsibility to Respect Human Rights

Remarks in the Light of the EU General Data Protection Regulation
ByAngelica Bonfanti

part III|2 pages

Access to Remedy in Europe

chapter 16|12 pages

Access to Remedy for the Victims of Corporate-Related Human Rights Abuse

Assessing the Contribution of the Fundamental Rights Agency
ByCarmen Márquez Carrasco

chapter 18|11 pages

The Civil Liability of the Parent Company for the Acts or Omissions of Its Subsidiary

The Example of the Shell Cases in the UK and the Netherlands
ByClaire Bright

chapter 19|11 pages

Corporate Liability and Human Rights

Access to Criminal Judicial Remedies in Europe
ByAdriana Espinosa González, Marta Sosa Navarro

chapter |8 pages

Concluding Remarks

ByAngelica Bonfanti