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Jérémie Gilbert

“accountability gap” for the action of MNCs involved in natural resources extraction on indigenous peoples’ territories. As summarised by Miranda, “corporate accountability available to indigenous peoples are often ineffective where state and corporate interest are aligned in the execution of large-scale land

Ludovica Chiussi

investment law ( IIL ) and international human rights law ( HRL ), this article analyses whether, and if so, to what extent, IIL can be instrumental to fostering corporate accountability for violations of human rights. 1 The relevance of the corporate sector to achieve human rights and sustainable

Corporate (Non-)Accountability and Human Rights

Approaches from the Regional Human Rights Systems and Prospects for the ASEAN

Stéfanie Khoury

-American Courts of Human Rights (IACtHR), which provide human rights protections for corporations, but do not adequately address corporate accountability. 4 It uses the examination into this failure of existing human rights courts to reflect upon the future of corporate accountability in the newly

Nikki Reisch

regime is becoming more robust. The robustness of the regime, however, depends not only on the existence of forums for righting wrongs, but also on the content of the norms they enforce and the remedies they provide. Whether diffuse njgm s function as laboratories of corporate accountability in a loose

Ma Xili

Resorting to the immensely state-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, is yet to be materialized. However, state-owned enterprises (SOEs), given their prima facie “state–business nexus” that blurs the traditional public–private divide, might provide a renewed opportunity to push forward the “direct international corporate accountability” campaign. This study investigates whether SOEs represent a golden chance for direct corporate accountability in the international legal regime. This study provides a legal analysis supported by case law, and by comparative and empirical research when appropriate. After providing a definitional account of SOEs, it examines the legal status of SOEs under international law. Then, in the reverse direction, it proceeds to explore if the state–business nexus of SOEs as non-state actors could render the argument toward direct international corporation accountability more convincing. Major findings reveal that SOEs, to a limited extent, represent a renewed opportunity to rethink direct corporate accountability under international law.

S ELECTED H UMAN R IGHTS D OCUMENTS 72 Reference on Human Rights, Corporate Accountability and Government Responsibility Asia Pacific Forum of National Human Rights Institutions (NHRI), Advisory Council of Jurists, Kuala Lumpur, Malaysia, 28 to 31 July 2008. Recommendations Within the APF, all

Patrick Macklem

Corporate Accountability under International Law: The Misguided Quest for Universal Jurisdiction PATRICK MACKLEM 1 Seduced by cosmopolitan fantasies of a truly global legal order righteously meting out justice against lawless transgressors, the international legal imagination has begun a

Rasmus Kløcker Larsen

and public authorities. In this section, the emphasis will be on personal and vicarious liability since these principles are most relevant to corporate accountability. 76 Tortfeasance ( vållande ), generally accepted in Swedish praxis despite not being defined in the statutes, is a common term

Juan Carlos Ochoa Sanchez

://www.pcn.fazenda.gov.br/Docs/RESOLUCAO%20 pcn %20no%201-2012.pdf >. 69  oecd Watch, Calling for Corporate Accountability: A Guide to the 2011 oecd Guidelines for Multinational Enterprises ( oecd Watch, 2013) p. 37. 70  E.g. access , Expert Meeting Report, Access to Remedy in Context of Business and Human Rights: Improving