In 2011, following his 2005 initial mandate of the UN Commission on Human Rights and his extended 2008 mandate of the UN Human Rights Council, the Special Representative of the Secretary-General (SRSG) on the issues of human rights and transnational corporations and other business enterprises, Professor John Ruggie, issued the final text of the ‘Guiding Principles for the Implementation of the United Nations “Protect, Respect and Remedy Framework”‘. The 2008 Framework on Business and Human Rights and the complementing 2011 Guiding Principles consist of three pillars: the duty of states to protect human rights, the responsibility of business enterprises to respect human rights, and access to remedies for victims of human rights abuses. They currently qualify as the dominant paradigm in the corporate social responsibility (CSR) discourse, also because they now form part of various soft law and self-regulation initiatives. The Framework and Guiding Principles do not, however, specifically focus on environmental issues, but their systematic approach and structure do provide a model to address state duties and business responsibilities to care of the environment. This article is intended to complement the UN Framework and Guiding Principles on business and human rights with principles in the field of business and the environment. Hence, it is submitted that states have a customary duty to care for the environment; it is similarly submitted that business enterprises have a responsibility to care for the environment; and it is submitted that stakeholders must have access to remedies in relation to breaches of these duties and responsibilities. |
Search result: 66 articles
Year 2013 xArticle |
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Journal | The Dovenschmidt Quarterly, Issue 4 2013 |
Keywords | Corporate Environmental Responsibility, Environmental Due Diligence, Environmental CSR, Business enterprises and the environment, Environmental complement to Ruggie Framework |
Authors | Katinka D. Jesse and Erik V. Koppe |
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Article |
Sir William Dale Annual LectureThe Law Commission and the Implementation of Law Reform |
Journal | European Journal of Law Reform, Issue 4 2013 |
Authors | The Rt. Hon. Sir David Lloyd Jones |
Author's information |
Article |
Donors without BordersA Comparative Study of Tax Law Frameworks for Individual Cross-Border Philanthropy |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | comparative, philanthropy, tax, deduction, international |
Authors | Joseph E. Miller, Jr. |
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Under current United States tax law, individual gifts to foreign charities generally are not deductible from federal income tax as charitable contributions. A comparative study of analogous tax laws in Switzerland and the United Kingdom demonstrates that the Swiss approach generally reflects the same prohibition against tax deductions for individual gifts to foreign charities, while British law permits such deductibility for gifts to qualified charities in other EU member states, Norway, and Iceland. |
Article |
Drafting of Legislation in Compliance with Model Laws |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | challenges, domestic legislation, model laws |
Authors | Lesedi Poloko |
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Lawmaking is an essential attribute of a state. Laws differ from one country to another, and compliance with different legal rules may create problems. Uniformity of laws is an end in itself, and its value lies in its practical benefits. Interest in the quality of legislative instruments is a major concern, especially as regards the effectiveness of the national legislation. |
Article |
Drafting Conventions, Templates and Legislative Precedents, and their Effects on the Drafting Process and the Drafter |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | drafting conventions, templates, legislative precedents, drafter’s skill, necessary tools for effective communication of language of legislation |
Authors | Agnes Quartey Papafio |
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The aim of this article is to explore whether drafting conventions, templates and legislative precedents contradict or complement the drafter’s style and if they complement the drafter’s style, the various ways in which the use of these tools achieves it. |
Article |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | legal pluralism, native title, reconciliation, indigenous people of Australia, Aboriginal art |
Authors | Dr. Agnes T.M. Dr. Schreiner |
AbstractAuthor's information |
The article How Law Manifests Itself in Australian Aboriginal Art will discuss two events at the Aboriginal Art Museum Utrecht from the perspective of a meeting between two artistic and legal cultures. The first event, on the art and law of the Spinifex people, will prove to be of a private law nature, whilst the second event, on the art and law of the Wik People, will show characteristics of international public law. This legal anthropological contribution may frustrate a pluralistic perspective with regard to the coexistence of Western law and Aboriginal law on the one hand and of Utrecht's Modern Art Museum and the presented Aboriginal Art on the other. It will show instead the self-evidence of art and law presented and their intertwined connection for the Aboriginal or indigenous peoples of Australia. |
Article |
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Journal | Erasmus Law Review, Issue 3/4 2013 |
Keywords | national judges, legal pluralism, application of EU law, legal consciousness, supremacy and direct effect of EU law |
Authors | Urszula Jaremba Ph.D. |
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The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but steady started to become a point of departure for other disciplines. Unavoidably it has also gained attention from the scholars in the realm of the law of the European Union. It is the aim of the present article to illustrate the legal reality in which the law of the Union and the national laws coexist and intertwine with each other and, subsequently, to provide some insight on the manner national judges personally construct their own understanding of this complex legal architecture and the problems they come across in that respect. In that sense, the present article not only illustrates the new, pluralistic legal environment that came into being with the founding of the Communities, later the European Union, but also adds another dimension to this by presenting selected, empirical data on how national judges in several Member States of the EU individually perceive, adapt to, experience and make sense of this reality of overlapping and intertwining legal orders. Thus, the principal aim of this article is to illustrate how the pluralistic legal system works in the mind of a national judge and to capture the more day-to-day legal reality by showing how the law works on the ground through the lived experiences of national judges. |
Article |
Social Europe after Lisbon: Putting the ‘Social’ into the ‘Market Economy’ |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Catherine Barnard |
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Article |
Regulating Local Border Traffic in the European UnionSalient Features of Intersecting Legal Orders (EU Law, International Law, Hungarian Law) in the Shomodi Case (C-254/11) |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Tamás Molnár |
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Book Review |
A Whole Image or a Few Pieces of Mosaic?A Comment on the Monograph of Miklós Király: Unity and Diversity – The Cultural Effects of the Law of the European Union |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Bartha Ildikó |
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Article |
Enforceability of the European Convention on Human Rights by Ordinary Courts in HungaryAn Analysis of a Newly Opened Procedural Path and its Constitutional Framework |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Máté Mohácsi |
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Article |
Protection of European Citizens in Third States under Article 23 TFEU |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Imola Schiffner |
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Article |
Union Citizenship: Fundamental Status and Fundamental Rights Analysis of the Recent Jurisprudence of the Court Related to Union CitizenshipThe Rottmann, Zambrano, McCarthy and Dereci Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Laura Gyeney |
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Editorial |
Introduction |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Marcel Szabó |
Book Review |
The Latest Hungarian Textbook: A Successful Introduction to EU Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Dániel Bán |
Author's information |
Book Review |
Nagy Boldizsár, A Magyar Menekültjog és Menekültügy a Rendszerváltozástól az Európai Unióba Lépésig – Erkölcsi, Politikai-filozófiai és Jogi Vizsgálódások(Boldizsár Nagy, Refugee Law and the Status of Refugees in Hungary from the Change of Regime to the accession to the European Union – Moral, Political Philosophical and Legal Disquisitions, Budapest, Gondolat Kiadó 2012) |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Eszter Kirs |
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