Fundamental Rights and the Legal Obligations of Business

Description

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. Cover Half-title page Series page Title page Copyright page Dedication Contents List of Figures List of Tables Preface Acknowledgements Table of Cases Introduction: The Question of Substantive Corporate Obligations for Fundamental Rights 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 Approach 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 Approach and Positive Obligations for Corporations Part III The Institutional Implications of the Multi„-Factoral„ Approach 9 Embedding the Multi„-Factoral„ Approach in Corporations: The Role of Corporate Law 10 Corporate Obligations in a Global World: The Role of International Mechanisms Bibliography Index