Tag Archives: corporate accountability

Protecting Environmental Rights Through the Bilateral Agreements of the European Union: Mapping the Field (E. Morgera)

Author(s)

Elisa Morgera

Keywords

EU external relations, EU environmental policy, environmental rights, EU agreements, climate change, biodiversity, forest, traditional knowledge, corporate accountability

Abstract

The present paper aims to map existing and future opportunities for utilizing EU bilateral agreements to promote the protection of environmental rights, as well as available legal avenues to address missed opportunities and possible risks that EU environmental action abroad may negatively impact on environmental rights in third countries. It starts with a brief overview of the external environmental policy of the EU, including constitutional requirements to couple human rights and environmental protection in external relations and an introduction to the practice of EU bilateral agreements. The chapter will then provide a snapshot of the environment-and-human-rights connection in EU law from an internal perspective, to demonstrate the political sensitivity of the issue. Against this background, the central part of the paper will identify six thematic areas in which entry points for the protection of environmental rights exist in the framework of EU bilateral agreements. The final section will offer a preliminary reflection of the human rights risks of current environmental external relations of the Union and possible avenues to tackle these risks in EU and international law.

Citation

(2014) Lenzerini, F and A Vrdoljak, eds. International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Hart) pp. 421-441

Paper

Protecting Environmental Rights Through the Bilateral Agreements of the European Union: Mapping the Field

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Benefit-Sharing as a Bridge between the Environmental and Human Rights Accountability of Multinational Corporations (E. Morgera)

Author(s)

Elisa Morgera

Keywords

corporate accountability, international environmental law, human rights, biodiversity, benefit-sharing

Abstract

This paper analyses the tight linkages between human rights and environmental degradation due to sub-standard corporate conduct. It then proceeds to outline the development of international standards on corporate responsibility and accountability in relation to environmental protection, highlighting the significant level of detail and convergence of international standards for corporate environmental accountability. Against this background, the paper systematically examines instances in which conceptual and normative developments under international environmental law, and in particular under the Convention on Biological Diversity, have contributed to developing international standards on corporate responsibility to respect human rights. The paper furthers the understanding of the key concept of benefit-sharing, teasing out its inter-state and intra-state implications, as well as its current and potential applications to private companies. It concludes with some future perspectives on the role of benefit-sharing in the context of the green economy vis-à-vis the environmental and human rights dimensions of corporate accountability.

Citation

(2015) Boer, Ben ed. Environmental Law Dimensions of Human Rights (Oxford: Oxford University Press) pp. 37-68

Paper

Benefit-Sharing as a Bridge between the Environmental and Human Rights Accountability of Multinational Corporations

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NOTE: EARTH RIGHTS, HUMAN RIGHTS: CAN INTERNATIONAL ENVIRONMENTAL HUMAN RIGHTS AFFECT CORPORATE ACCOUNTABILITY? (L. A. Mowery)

Author(s)

Lauren A. Mowery

Keywords

earth rights, human rights, international environmental rights, corporate accountability, transnational corporations

Excerpt

INTRODUCTION

In the last fifty years, transnational corporations (“TNCs”) have dominated the global economy. Today, approximately half of the top economies worldwide belong to such corporations. 1 The gross domestic product (“GDP”) of many TNCs dwarf the GDPs of many small nations around the globe. 2 Some of these smaller, capitalstarved nations have turned to TNCs to improve their economies. 3 These countries flaunt low labor costs and meager environmental standards to attract TNCs from the United States and Western Europe to begin operations on their turf. Regrettably however, the boost to developing nations’ economies comes at a high price. 4

Topping the list of abuses cited by various advocacy groups are the exploitation of child labor and the degradation of the environment. For example, in Ecuador, TNCs that extract oil from the ground have poisoned ecosystems, thereby endangering the welfare of indigenous people who are dependent on those ecosystems. 5 These problems are of growing concern worldwide. As a result, environmental pundits are posing questions regarding the links among human rights violations, enforcement of environmental protection measures and international law. This Note addresses these issues and suggests a framework for the development of environmental protection as an international human right. The increasing relationship between one’s human rights and the state of the environment, gives rise to several theories exploring the redress of environmental damages through a human rights schema. Part I of this Note briefly outlines the history of the human rights movement. Part II describes …

Citation

(2002) 13 Fordham Environmental Law Journal 343.

Paper

Note: Earth Rights, Human Rights: Can International Environmental Human Rights Affect Corporate Accountability?

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Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability (A. Dias)

Author(s)

Ayesha Dias

Keywords

human rights, environment, development, corporate accountability, policy, praxis, poverty, environmental protection, conservation, sustainable human development

Abstract

This paper is in two parts addressing interrelated topics which merit separate scrutiny as well. Part I focuses on the interrelationships between human rights, environment and development. In doing so, the paper is less motivated by philosophical and academic concerns. Rather, it is motivated by concerns of policy and praxis. Environmental degradation is all too often resulting in serious human rights violations. Poverty and failure to realize basic human rights are placing the environment under severe stress. Development can serve as a key vehicle for promoting realization of human rights and protecting the environment. However, all too often, unsustainable development practices are themselves proving to be a main source of human rights violations and environmental degradation. Hence the paper strives to enhance the complementary relationship between promoting and protecting human rights; conserving, protecting and rehabilitating the environment; and achieving sustainable human development.

Citation

Ayesha Dias, Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability (UNDP, 2000)

Paper

Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability

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