Legal sources in business and human rights : : evolving dynamics in international and European law / / edited by Martina Buscemi [and three others].

• Superior document: Developments in international law ; Volume 73
• TeilnehmendeR: Buscemi, Martina,
• Place / Publishing House: Leiden ;, Boston : : Brill Nijhoff,, 2020.
• Year of Publication: 2020
• Language: English
• Series: Developments in international law ; Volume 73.
• Physical Description: 1 online resource.
• Notes: Includes index.

"Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States' reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation"-- Provided by publisher.

Table of Contents

Foreword -- Acknowledgements -- Notes on Contributors -- Introduction by the Editors -- Part 1: Towards International Rules Incumbent upon Companies -- 1 Corporate Human Rights Due Diligence: from the Process to the Principle -- Ludovica Chiussi -- 2 A Binding Instrument on Business and Human Rights as a Source of International Obligations for Private Companies: Utopia or Reality? -- Marco Fasciglione -- 3 International Investment Treaties as a Source of Human Rights Obligations for Investors -- Giovanni Zarra -- 4 To What Extent Does International Law Matter in the Field of Business and Human Rights? -- Andrea Spagnolo -- 5 The EU Charter of Fundamental Rights as the Source of Judicially Enforceable Obligations to the Activity of Private Companies -- Monica Parodi -- Part 2: The Contribution of Companies to the Development of Business and Human Rights Law -- 6 Direct and Indirect Involvement of Companies in the Development of Business and Human Rights Law: Insights from Practice -- Diego Mauri -- 7 Multi-stakeholder Initiatives and New Models of Co-regulation in the Field of Business and Human Rights -- Enzamaria Tramontana -- 8 The Role of Corporations as Standards Setters: the Case of Business Actors Involved in the Development and Deployment of Artificial Intelligence Tools -- Elena Carpanelli -- Part 3: Hardening the ‘Softness’ of Business and Human Rights Regulation -- 9 UNGP National Action Plans and their Legal Value -- Marta Bordignon -- 10 Hardening Soft Law: the Implementation of Human Rights Due Diligence Requirements in Domestic Legislations -- Chiara Macchi and Claire Bright -- 11 From Soft International Law on Business and Human Rights to Hard EU Legislation? -- Francesco Luigi Gatta -- 12 Human Rights Clauses in Public Procurement: a New Tool to Promote Human Rights in (States’) Business Activities? -- Edoardo Alberto Rossi -- 13 The Unbearable Lightness of European Security and Markets Authority’s Soft Law: an Italian Perspective -- Jacopo Alberti -- Conclusion -- Angelica Bonfanti -- Index.