This book is part of the gLAWcal book series:

Transnational Law and Governance

Series Editor: Paolo Davide Farah

Transnational business activities are important drivers of growth for developing and 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 the European 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—Business and Human Rights in Europe: International Law Challenges 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.



Notes on the Editor

Notes on Contributors

List of Abbreviations

Introduction, Angelica Bonfanti

Managing Global Interdependencies through Law and Governance: The European Approach to Business and Human Rights, Daniel Augenstein

Part I: The State Duty to Protect Human Rights: The European Perspective

Enforcing the State Duty to Protect Under the UN Guiding Principles on Business and Human Rights: Strasbourg Views, Marco Fasciglione

Are European Home States of Transnational Corporations Responsible for Their Impacts Abroad Under the ECHR?, Claire Methven O’Brien

The Duty to Protect in Public Procurement: Toward a Mandatory Human Rights Clause?, Deborah Russo

The EU’s Promotion of Human Rights and Sustainable Development through PTAs as a Tool to Influence Business Regulation in Third Countries, Leonardo Borlini

National Action Plans: A Pathway to Effective Implementation of the United Nations Guiding Principles?, Marta Bordignon

Part II: The Corporate Responsibility to Respect Human Rights: European Approaches

European Approaches to Promoting Responsible Supply Chains, Cindy S. Woods

Due Diligence, Reporting and Transparency in Supply Chains: The United Kingdom Modern Slavery Act, Olga Martin-Ortega

Blending Together Human Rights Due Diligence with ‘Criminal’ Law: Opportunities and Pitfalls of the Italian Solution, Paola Cavanna

From Human Rights Due Diligence to Duty of Vigilance: Taking the French Example to the EU Level, Tiphaine Beau de Loménie, Sandra Cossart, Paige Morrow

Corporate Human Rights Compliance and Disinvestment: Lessons from the Norwegian Sovereign Wealth Fund, Ludovica Chiussi

EU Approaches on ‘Conflict Minerals’: Are They Consistent with the UN/OECD Supply Chain Due Diligence Standards?, Valentina Grado

ICT Companies’ Responsibility to Respect Human Rights: Remarks in the Light of the EU General Data Protection Regulation, Angelica Bonfanti

Part III: Access to Remedy in Europe

Access to Remedy for the Victims of Corporate-Related Human Rights Abuse: Assessing the Contribution of the Fundamental Rights Agency, Carmen Márquez Carrasco

Adjudicate This!—Foreign Direct Liability and Civil Jurisdiction in Europe, Lucas Roorda

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 in the Netherlands, Claire Bright

Corporate Liability and Human Rights: Access to Criminal Judicial Remedies in Europe, Adriana Espinosa González, Marta Sosa Navarro

European Trends in Tort Law Remedies to Address Corporate Human Rights Abuses, Florentine Vos

Concluding Remarks, Angelica Bonfanti