Corporate Accountability in International Environmental Law
Morgera, Elisa,
Legal Officer for the Development Law Service at the Food and Agriculture Organization of the United Nations (FAO)
Print publication date: 2009
Published to Oxford Scholarship Online: May 2009 Print ISBN-13: 978-0-19-955801-8 doi:10.1093/acprof:oso/9780199558018.001.0001 |
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Abstract:
This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in particular multinational corporations. It replies to this question through the identification of corporate accountability standards and their implementation by international organizations. The book examines systematically all international sources of corporate accountability standards in the specific area of environmental protection and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental treaties do not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards that allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The book also focuses on the role of international organizations in selecting international environmental standards and promote their application to business entities, in the absence of State intervention. The book analyses the growing practice of international organizations, which are driving a process of emergence of international standards for corporate environmental accountability. Furthermore, the impact of international organizations' direct relations with the private sector is also assessed, as it significantly contributes to ensuring that private companies comply with international environmental standards.
Keywords: corporate accountability, international environmental law, international organizations, legal standards, multinational corporations, compliance, partnerships, multilateral environmental agreements, corporate social responsibility Table of Contents
Preface
1.
The Need for Corporate Environmental Accountability
2.
History and Definitions
3.
The Shortcomings of Traditional Legal Solutions
4.
Primary Rules?
5.
The UN and the OECD: Parallel or Convergent Paths?
6.
A Contribution of Human Rights Monitoring Bodies?
7.
Standard-setting by International Financial Institutions
8.
Emerging Standards on Corporate Accountability in IEL
9.
Tools for Compliance
10.
The Tools of International Financial Institutions: Conditions in Loan Agreements and Complaints Mechanisms
11.
Sharpening the Monitoring Role of Other International Organizations
12.
Integrating International Standards in UN–Business Partnerships
13.
Conclusions
Bibliography
Index
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