The Business and Human Rights Regime Under International Law: Remedy Without Law?

James Summers and Alex Gough (eds) Non-State Actors and International Obligations: Creation, Evolution and Enforcement (Brill 2018), 224-260

25 Pages Posted: 27 Apr 2020

See all articles by Ioana Cismas

Ioana Cismas

University of York - York Law School

Sarah Macrory

affiliation not provided to SSRN

Date Written: 2018

Abstract

The chapter explores whether there can be an effective remedy absent (hard) law in the field of business and human rights. It examines two international procedures that might present victims of corporate human rights violations with a remedy: the Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises (UNWG) and a proposal for an International Arbitration Tribunal on Business and Human Rights (IAT Proposal). It reflects upon whether those redress procedures predate binding corporate obligations under international human rights law. In so doing, it engages with the conceptual and theoretical underpinnings of the broader debate concerning the status of non-State actors in international law.

Keywords: Business and Human Rights, Corporate Accountability, UN Guiding Principles on Business and Human Rights, Remedy

Suggested Citation

Cismas, Ioana and Macrory, Sarah, The Business and Human Rights Regime Under International Law: Remedy Without Law? (2018). James Summers and Alex Gough (eds) Non-State Actors and International Obligations: Creation, Evolution and Enforcement (Brill 2018), 224-260, Available at SSRN: https://ssrn.com/abstract=3245135

Ioana Cismas (Contact Author)

University of York - York Law School ( email )

University of York
Heslington, York YO10
United Kingdom

Sarah Macrory

affiliation not provided to SSRN

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