What are some of the fundamental problems of legal structures in the light of socio-economic rights?

Increasing interdependencies of internationally operating companies illustrate the problem of long and difficult legal proceedings. Victims of violations of socio-economic rights need the possibility to sue parent companies beyond international structures and to be held jointly responsible. The UN guideline ignores this. However, it is often the case that the main culprits or parent companies are not located in the countries where the violations take place. The decision-makers and parent companies are based in other countries, where national circumstances and requirements have a significant political and social influence on the business practices of the companies. It seems to be right that affected parties can appeal to the courts of other countries to hold parent companies accountable for violations committed by subsidiaries in other countries. It should therefore also be in the interest of national legislation to protect and regulate those who directly benefit from infringements abroad. In his book "Corporate Accountability under Socio-Economic Rights", Jernej Letnar Černič speaks of a victim-oriented approach. He outlines three ways in which parent companies can be held responsible for misconduct of subsidiaries. With the help of these steps Černič breaks through the separation of companies and considers the participation of the parent companies in decision-making as well as their attribution to the subsidiary. Alternatively, Černič suggests the way of direct liability for the parent company. With this approach, Černič succeeds in identifying liability to a reasonable extent, as is already common practice under national legislation. It should therefore not be a problem to create more transparency to safeguard socio-economic rights in companies. In addition to the preservation of the common good, consideration offers the possibility for legislation to influence the limitation and regulation of corresponding claims. Already at European level, victims of legal infringements can take advantage of the possibility of bringing an action and initiating investigations. It is thus possible to enforce their rights both within a state and in the countries where a jointly responsible company has its headquarters. Victims from third-world countries, where most of the legal infringements took place, can therefore also, instead of bringing an action in the countries in which they are based, file a complaint in the countries in which only one jointly responsible company is based and in which legal channels have better and promising structures. Černič follows a general approach in its book and does not get lost in the enforcement of labour and human rights violations, which are already clarified under civil law in almost all legal systems. Rather, he addresses the fundamental problems of legal structures in the light of socio- economic rights. It establishes a link between the importance of international and national legislation for the enforcement of socio-economic rights. In his book Černič examines in detail the existing possibilities, points out problems that arise for victims and considers various approaches to solving them. It shows us the urgency and high need for action in this area at the international level, but also that there are already appealing possibilities for the enforcement of rights. Therefore, existing concepts should be further developed and adopted across the board and Černič offers a good first overview for this purpose.

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