David Kinley

The University of Sydney - Faculty of Law

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

Doughty Street Chambers

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10 Doughty Street

London WC1N 2PL

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  • The University of Sydney - Faculty of Law

  • Doughty Street Chambers

SCHOLARLY PAPERS

39

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24

Scholarly Papers (39)

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1.

From Talk to Walk: The Emergence of Human Rights Responsibilities for Corporations at International Law

Virginia Journal of International Law, Vol. 44, No. 4, pp. 931-1023, 2004
Number of pages: 94 Posted: 15 Aug 2006
David Kinley and Junko Tadaki
The University of Sydney - Faculty of Law and NYU Law School
Downloads 3,474 (7,347)
Citation 6

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corporations, human rights, international law

2.

The Politics of Corporate Social Responsibility: Reflections on the United Nations Human Rights Norms for Corporations

Company and Securities Law Journal, Vol. 25, No. 1, pp. 30-42, 2007, Sydney Law School Research Paper No. 07/10
Number of pages: 14 Posted: 14 Feb 2007 Last Revised: 06 Feb 2015
David Kinley, Justine Nolan and Natalie Zerial
The University of Sydney - Faculty of Law, University of New South Wales (UNSW) - UNSW Law & Justice and The University of Sydney
Downloads 2,461 (12,658)
Citation 4

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Corporate social responsibility, human rights law, corporations law, international law

3.

When Human Rights ‘Responsibilities’ become ‘Duties’: The Extra-Territorial Obligations of States that Bind Corporations

HUMAN RIGHTS OBLIGATIONS OF BUSINESS: BEYOND THE CORPORATE RESPONSIBILITY TO RESPECT? D. Bilchitz & S. Deva, eds., Cambridge University Press, 2013, Sydney Law School Research Paper No. 12/71
Number of pages: 23 Posted: 20 Sep 2012 Last Revised: 14 Feb 2013
Daniel Augenstein and David Kinley
Tilburg University and The University of Sydney - Faculty of Law
Downloads 1,819 (20,563)
Citation 1

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corporations, international human rights law, extra-territorial jurisdiction, UN business and human rights framework

4.

Corporations that Kill: Prosecuting Blackwater

SHOOTING TO KILL: SOCIO-LEGAL PERSPECTIVES ON THE USE OF LETHAL FORCE, S. Bronitt, M. Gani & S. Hufnagel, eds., Hart Publishing, Forthcoming, Sydney Law School Research Paper No. 10/129
Number of pages: 24 Posted: 20 Nov 2010 Last Revised: 23 Jan 2012
David Kinley and Odette Murray
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 1,395 (30,711)

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Private Military and Security Corporations, International Law, US Criminal Law, State Responsibility, Business and Human Rights, Corporate Social Responsibility

5.

Bendable Rules: The Development Implications of Human Rights Pluralism

LEGAL PLURALISM AND DEVELOPMENT POLICY, C. Sage, B. Tamanaha, M. Woolcock, eds., Forthcoming, Sydney Law School Research Paper No. 10/104
Number of pages: 18 Posted: 22 Oct 2010 Last Revised: 15 Feb 2015
David Kinley
The University of Sydney - Faculty of Law
Downloads 1,141 (41,283)
Citation 1

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human rights, development, international relations, international law, legal theory

6.

The Un Human Rights Norms for Corporations: The Private Implications of Public International Law

Sydney Law School Research Paper No. 07/06, Human Rights Law Review, Vol. 2, 2006
Number of pages: 52 Posted: 11 Nov 2006
David Kinley and Rachel Chambers
The University of Sydney - Faculty of Law and University of Connecticut - School of Business
Downloads 988 (50,668)

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human rights, corporations, international law

7.

Introduction in ‘The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases and Materials’

THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: COMMENTARY, CASES, AND MATERIALS, B. Saul, D. Kinley and J. Mowbray, Oxford University Press, United Kingdom, pp.1-11, 2014, Sydney Law School Research Paper No. 14/05
Number of pages: 10 Posted: 28 Jan 2014 Last Revised: 29 Sep 2014
Ben Saul, David Kinley and Jacqueline F Mowbray
The University of Sydney - Faculty of Law, The University of Sydney - Faculty of Law and University of Sydney - Faculty of Law
Downloads 919 (55,910)

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ICESCR, economic, social and cultural rights, progressive realisation, justiciability, judicial enforcement, socio-economic rights, UN human rights treaty bodies

8.

Trading and Aiding Human Rights: Corporations in the Global Economy

Downloads 755 (73,196)

Trading and Aiding Human Rights: Corporations in the Global Economy

Nordic Journal of Human Rights Law, 2008, Sydney Law School Research Paper No. 08/13
Number of pages: 26 Posted: 03 Jan 2008 Last Revised: 12 Mar 2008
David Kinley and Justine Nolan
The University of Sydney - Faculty of Law and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 519 (116,009)

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Human rights, corporations, global economy, human rights and business

Trading and Aiding Human Rights: Corporations in the Global Economy

Nordic Journal of Human Rights Law, Vol. 25, No. 4, pp. 353-377, 2007, University of New South Wales Law Research Paper No. 2010-9
Number of pages: 25 Posted: 15 Feb 2010
David Kinley and Justine Nolan
The University of Sydney - Faculty of Law and University of New South Wales (UNSW) - UNSW Law & Justice
Downloads 236 (280,204)

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Corporations, General Law, Human Rights Law, Trade Regulation

9.

Human Rights Fundamentalisms

Sydney Law Review, Vol. 29, No. 4, pp. 545-575, 2007, Sydney Law School Research Paper No. 07/09
Number of pages: 33 Posted: 08 Feb 2007 Last Revised: 02 Feb 2015
David Kinley
The University of Sydney - Faculty of Law
Downloads 699 (80,559)

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human rights, legal theory, international law, law and society, law and liberalism

10.

The Long Arm of Human Rights Risk: Supply Chain Management and Legal Responsibility

The Business and Human Rights Review, Vol. 2013, No. 3, pp. 10-14, 2013, Sydney Law School Research Paper No. 13/73
Number of pages: 10 Posted: 17 Oct 2013 Last Revised: 28 Jan 2015
David Kinley and Jahan Navidi
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 682 (83,112)
Citation 4

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Corporations, human rights abuses, supply chains, litigation, tort laws, Alien Torts Claims Act

11.

Human Rights and the World Bank: Practice, Politics, and Law

The World Bank Legal Review: Law, Equity, and Development, pp. 353-383, Sydney Law School Research Paper No. 07/11
Number of pages: 33 Posted: 14 Feb 2007 Last Revised: 20 Nov 2007
David Kinley
The University of Sydney - Faculty of Law
Downloads 613 (95,454)

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International law, human rights, international organisations, development law

12.

Human Rights Criticism of the World Bank's Private Sector Development and Privatization Projects

Sydney Law School Research Paper No. 08/53
Number of pages: 180 Posted: 15 May 2008 Last Revised: 14 May 2015
David Kinley and Tom Davis
The University of Sydney - Faculty of Law and University of Melbourne - Department of Political Science
Downloads 588 (100,710)

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international law, human rights, international institutions, aid and development, international investment

13.

Exile on Main Street: Australia’s Legislative Agenda for Human Rights

European Human Rights Law Review, Issue 1, pp. 58-70, 2012, Sydney Law School Research Paper No. 11/60
Number of pages: 14 Posted: 23 Sep 2011 Last Revised: 03 May 2012
David Kinley and Christine Ernst
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 562 (106,328)

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Human Rights, International Human Rights Law, Bills of Rights, Parliamentary Scrutiny, Australia

14.

Minding the Gap: Global Finance and Human Rights

Ethics & International Affairs, Vol. 25, No. 2, pp. 183-210, 2011, Sydney Law School Research Paper No. 11/37
Number of pages: 31 Posted: 05 Jul 2011 Last Revised: 28 Jun 2012
Mary Dowell-Jones and David Kinley
University of Nottingham Human Rights Law Centre and The University of Sydney - Faculty of Law
Downloads 504 (121,718)
Citation 1

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global finance, human rights, corporate social responsibility, global financial crisis, risk management, bond markets, derivatives

15.

The Monster Under the Bed: Financial Services and the Ruggie Framework

THE UN GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS: FOUNDATIONS AND IMPLEMENTATION, R. Mares, ed., Brill: The Netherlands, pp. 193-216, 2012, Sydney Law School Research Paper No. 11/61
Number of pages: 14 Posted: 28 Sep 2011 Last Revised: 24 May 2012
Mary Dowell-Jones and David Kinley
University of Nottingham Human Rights Law Centre and The University of Sydney - Faculty of Law
Downloads 439 (143,590)
Citation 2

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Financial Regulation, Global Financial Crisis, UN Framework on Corporations and Human Rights

16.

Human Rights, Globalization and the Rule of Law: Friends, Foes or Family?

UCLA Journal of International Law and Foreign Affairs, Vol. 7, No. 2, pp. 239-264, 2002-2003
Number of pages: 26 Posted: 29 Aug 2006
David Kinley
The University of Sydney - Faculty of Law
Downloads 437 (144,316)

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Human rights, globalization, rule of law, economic and social rights

17.

A New Human Right to Freedom from Corruption

Sydney Law School Research Paper No. 14/12
Number of pages: 17 Posted: 10 Feb 2014
David Kinley
The University of Sydney - Faculty of Law
Downloads 431 (146,666)

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corruption, tax evasion, human rights, international law, United Nations

18.

Beyond the 100 Acre Wood: In which International Human Rights Law Finds New Ways to Tame Global Corporate Power

The International Journal of Human Rights, Vol. 19, No. 6, pp. 828-848, 2015, Sydney Law School Research Paper No. 14/90
Number of pages: 21 Posted: 27 Sep 2014 Last Revised: 02 Oct 2015
Daniel Augenstein and David Kinley
Tilburg University and The University of Sydney - Faculty of Law
Downloads 402 (159,297)
Citation 1

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Human rights and business, extra-territorial obligations, international law, Winnie-the-Pooh

19.

Viet Nam, Human Rights and Trade: Implications of Viet Nam's Accession to the WTO

Friedrich Ebert Stiftung, Occasional Paper Series, Dialogue on Globalization Working Paper No. 39, Sydney Law School Research Paper No. 08/30
Number of pages: 45 Posted: 17 Mar 2008 Last Revised: 11 May 2008
David Kinley and Hai Thanh Nguyen
The University of Sydney - Faculty of Law and Vietnamese Institute of Human Rights, Ho Chi Minh National Political Academy
Downloads 363 (178,164)

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international trade law, human rights, international law, WTO, Vietnam, women's rights, workers rights, child rights, corporations, business

20.

Artful Dodgers: Banks and their Human Rights Responsibilities

Sydney Law School Research Paper No. 17/17
Number of pages: 5 Posted: 02 Mar 2017 Last Revised: 27 Mar 2017
David Kinley
The University of Sydney - Faculty of Law
Downloads 339 (191,888)
Citation 1

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Finance, banks, human rights, Thun Group of Banks, UN Guiding Principles on Business and Human Rights

21.

Engaging a Pariah: Human Rights Training in Burma/Myanmar

Sydney Law School Research Paper No. 06/26, Human Rights Quarterly, Vol. 29, No. 3, pp. 368-402, 2007
Number of pages: 36 Posted: 03 Aug 2006
David Kinley and Trevor Wilson
The University of Sydney - Faculty of Law and Australian National University
Downloads 326 (200,189)

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human rights, Burma, Australian Government

22.

Exaggerated Rumours of the Death of an Alien Tort: Corporations, Human Rights and the Peculiar Case of Kiobel

Melbourne Journal of International Law, Vol. 12, No. 1, pp. 57-94, 2011, Sydney Law School Research Paper No. 11/48
Number of pages: 39 Posted: 15 Aug 2011
Odette Murray, David Kinley and Chip Pitts
The University of Sydney - Faculty of Law, The University of Sydney - Faculty of Law and Stanford Law School
Downloads 315 (207,730)

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corporations, international law, human rights, US Alien Tort Statute, US Supreme Court, US District Courts

23.

Civilising Globalisation

Lawyers Weekly, Vol. 447, pp. 10-12, 2009, Sydney Law School Research Paper No. 09/96
Number of pages: 4 Posted: 21 Sep 2009
David Kinley
The University of Sydney - Faculty of Law
Downloads 297 (221,270)

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human rights, trade, corporate social responsibility, development economics, international law, international organizations

24.

Lawyers, Corporations and International Human Rights Law

Sydney Law School Research Paper No. 06/45, The Company Lawyer, Vol. 25, No. 10, pp. 298-302, 2004
Number of pages: 6 Posted: 18 Aug 2006
David Kinley
The University of Sydney - Faculty of Law
Downloads 281 (234,573)

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lawyers, law firms, human rights corporations

25.

Introducing Principled Engagement

Morten B. Pedersen & David Kinley (eds), PRINCIPLED ENGAGEMENT: NEGOTIATING HUMAN RIGHTS IN REPRESSIVE STATES, Ashgate, Forthcoming
Number of pages: 15 Posted: 27 Mar 2013
Morten Pedersen and David Kinley
University of New South Wales (Canberra) and The University of Sydney - Faculty of Law
Downloads 262 (252,812)

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Human rights, international statecraft, principled engagement

26.

Review of Human Rights Education and Training in the Criminal Justice System in Nepal

Sydney Law School Research Paper No. 10/114
Number of pages: 47 Posted: 02 Nov 2010
Ben Saul, David Kinley and Yubaraj Sangroula
The University of Sydney - Faculty of Law, The University of Sydney - Faculty of Law and Kathmandu School of Law (KSL)
Downloads 244 (270,492)
Citation 1

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human rights, criminal justice, Nepal, legal education, law enforcement

27.

Re-Regulating Global Finance with the Poor in Mind: A Policy Paper

Sydney Law School Research Paper No. 08/118
Number of pages: 6 Posted: 24 Oct 2008 Last Revised: 05 Nov 2008
David Kinley
The University of Sydney - Faculty of Law
Downloads 244 (270,492)

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international law, banking and finance, international development, international institutions, social justice, human rights

28.

Community Expectations: Putting People Before Profit Means Taking Human Rights Seriously

Sydney Law School Research Paper No. 18/73
Number of pages: 13 Posted: 08 Nov 2018 Last Revised: 12 Nov 2018
Kym Sheehan and David Kinley
The University of Sydney Law School and The University of Sydney - Faculty of Law
Downloads 231 (286,687)

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finance, banks, human rights, Australian Royal Commission on Banking and Financial Services, corporate social responsbility

29.

The Trinity and the Dragon: Reconciling Finance, Human Rights and the Environment in China

Journal of Human Rights and the Environment, Vol. 3, No. 1, pp. 116–140, 2012, Sydney Law School Research Paper No. 11/100
Number of pages: 26 Posted: 12 Dec 2011 Last Revised: 03 May 2012
Fiona Cunningham and David Kinley
affiliation not provided to SSRN and The University of Sydney - Faculty of Law
Downloads 225 (292,707)

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human rights, philosophy, international law, the environment, Chinese banks, international finance

30.

Necessary Evil: How to Fix Finance by Saving Human Rights (Introduction)

Necessary Evil: How to Fix Finance by Saving Human Rights (OUP 2018), Extract – Introduction (pp.1-10), Sydney Law School Research Paper No. 18/38
Number of pages: 15 Posted: 18 Jun 2018
David Kinley
The University of Sydney - Faculty of Law
Downloads 193 (338,360)

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finance, banks, financial regulation, global financial crisis, human rights, development

31.

Foreword - The Palm Oil Industry and Human Rights: A Case Study of Palm Oil Corporations in Central Kalimantan

The Palm Oil Industry and Human Rights: A Case Study of Palm Oil Corporations in Central Kalimantan, Norwegian Centre for Human Rights (NCHR), 2015, Sydney Law School Research Paper No. 15/27
Number of pages: 7 Posted: 20 Apr 2015
David Kinley
The University of Sydney - Faculty of Law
Downloads 189 (344,947)

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human rights, corporations, palm oil, Indonesia, UN Guiding Principles on Business and Human Rights

32.

Development as a Vehicle for Principled Engagement on Human Rights: The Implications of ‘New Aid’?

PRINCIPLED ENGAGEMENT: PROMOTING HUMAN RIGHTS IN PARIAH STATES, Ashgate Publishers, 2013, Sydney Law School Research Paper No. 11/99
Number of pages: 29 Posted: 12 Dec 2011 Last Revised: 14 Feb 2013
David Kinley
The University of Sydney - Faculty of Law
Downloads 188 (346,600)

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human rights, development, principled engagement, international relations, militarisation of aid, Chinese aid, private sector aid

33.

Where Hope meets Expectation on the Road between Human Rights Idealism and Pragmatism

HUMAN RIGHTS: OLD PROBLEMS AND NEW POSSIBILITIES, Kinley, Sadurski, Walton, eds., Edward Elgar: United Kingdom, 2013, Sydney Law School Research Paper No. 11/98
Number of pages: 19 Posted: 12 Dec 2011 Last Revised: 14 Feb 2013
David Kinley
The University of Sydney - Faculty of Law
Downloads 177 (365,866)

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human rights, philosophy, international law, international relations

34.

Finding Freedom in China: Human Rights in the Political Economy

Downloads 174 (371,526)

Finding Freedom in China: Human Rights in the Political Economy

SUR- International Journal On Human Rights, v. 10, n. 19, Dec. 2013
Number of pages: 24 Posted: 08 Jun 2014
David Kinley
The University of Sydney - Faculty of Law
Downloads 94 (607,165)

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China, International law, Human rights, Development, Economic growth, Good governance, Political freedoms

Finding Freedom in China: Human Rights in the Political Economy

SUR - International Journal on Human Rights, Vol. 10, No. 19, pp. 142-154, 2013, Sydney Law School Research Paper No. 13/08
Number of pages: 12 Posted: 13 Feb 2013 Last Revised: 29 Sep 2014
David Kinley
The University of Sydney - Faculty of Law
Downloads 80 (671,720)

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China, International Law, Human Rights, Development, Economic Growth, Good Governance, Political Freedoms

35.

Development, the Rule of Law and Business

RULE OF LAW SYMPOSIUM 2014: THE IMPORTANCE OF THE RULE OF LAW IN PROMOTING DEVELOPMENT, J. Jowell, C. Thomas, J. van Zyl Smit, eds, Academy Publishing, Singapore Academy of Law, 2015, Sydney Law School Research Paper No. 14/101
Number of pages: 8 Posted: 15 Nov 2014 Last Revised: 17 Aug 2015
David Kinley
The University of Sydney - Faculty of Law
Downloads 170 (379,334)
Citation 2

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development, rule of law, business and human rights, corruption

36.

Banks and Human Rights: A South African Experiment

Downloads 163 (393,375)

Banks and Human Rights: A South African Experiment

SUR 22 - v. 12, n. 22 (2015)
Number of pages: 17 Posted: 15 Sep 2016
Bonita C. Meyersfeld and David Kinley
School of Law, University of the Witwatersrand, Johannesburg and The University of Sydney - Faculty of Law
Downloads 89 (628,883)

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Human rights, Multinational corporations, Banks, Johannesburg Principles, Business and human rights

Banks and Human Rights: A South African Experiment

SUR - International Journal on Human Rights, Vol. 12, No. 22, pp. 189-205, 2015, Sydney Law School Research Paper No. 16/51
Number of pages: 18 Posted: 08 Jun 2016
Bonita C. Meyersfeld and David Kinley
School of Law, University of the Witwatersrand, Johannesburg and The University of Sydney - Faculty of Law
Downloads 74 (703,124)

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Banks, Human Rights, Economic Social and Cultural Rights, Multinational Corporations

37.

Finding and Filling the Democratic Deficit in Human Rights

Presented at Redressing the Democratic Deficit in Human Rights Conference, Arts & Humanities Research Council, London, 17-18 April 2012, Sydney Law School Research Paper No. 12/34
Number of pages: 11 Posted: 01 May 2012
David Kinley
The University of Sydney - Faculty of Law
Downloads 142 (441,119)

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human rights, democracy, Parliament, pre-legislative scrutiny, the judiciary

38.

ESG Risk Is a Core Concern for Financial Services Regulation

Number of pages: 8 Posted: 06 Jun 2022
David Kinley and Kym Sheehan
The University of Sydney - Faculty of Law and The University of Sydney Law School
Downloads 73 (698,043)

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ESG, Finance, Risk, Human Rights, Regulation

39.

Preface to the Chinese Edition of Civilising Globalisation: Human Rights and the Global Economy

Civilising Globalisation: Human Rights and the Global Economy (2009), Chinese University of Political Science and Law Press: China, 2013, Sydney Law School Research Paper No. 13/10
Number of pages: 6 Posted: 18 Feb 2013 Last Revised: 20 Feb 2013
David Kinley
The University of Sydney - Faculty of Law
Downloads 54 (816,483)

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global economy, China, human rights, Chinese businesses