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Fundamental Rights and the Legal Obligations of Business

This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.

David Bilchitz (Author)

9781108815314, Cambridge University Press

Paperback / softback, published 6 April 2023

521 pages
22.9 x 15.2 x 2.7 cm, 0.747 kg

'This book offers an original 'multi-factoral' analytical model to determine contours of the fundamental rights obligations of corporations and proposes ways to operationalize these obligations at national and international levels. Bilchitz's analysis not only fills gaps but also challenges several dominant narratives in the business and human rights field.' Surya Deva, Professor, Macquarie Law School, Sydney

Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

1. The Nature and Purpose of the Corporation in Law
Part I: Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights: 2. The State Duty to Protect Model
3. The Indirect Application Model
4. The Expanding the State Model
5. The Direct Obligations Model
Part II: Towards a Multi-Factoral Model for Determining the Substantive Content of Corporate Obligations: 6. The Justification for and Contours of a Multi-Factoral Approach
7. A Balancing Act – Proportionality in the Corporate Sphere
8: The Multi-Factoral Model and Positive Obligations for Corporations
Part III: The Institutional Implications of the Multi-Factoral Model
9: Embedding the Multi-Factoral Model in Corporations: The Role of Corporate Law
10: Corporate Obligations in a Global World: The Role of International Mechanisms.

Subject Areas: Constitutional & administrative law [LND], International human rights law [LBBR], International law [LB], Law [L], Business ethics & social responsibility [KJG], International relations [JPS], Political science & theory [JPA]

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