Hart Publishing Multinationals and Human Rights in Asia (Studies in Private International Law - Asia)

This book investigates the availability in Asian jurisdictions of civil remedies against multinational businesses for human rights abuses. Various means have been developed in Europe and elsewhere to hold businesses accountable to victims for human rights abuses. Techniques include legislating due diligence requirements for companies operating abroad, broadening court jurisdiction to include foreign companies having subsidiaries within a country, expanding international jurisdiction, promoting universal jurisdiction, and implementing international conventions and sanctions. On the 15th anniversary of the 2011 UN Guiding Principles on Business and Human Rights, the book assesses whether the norms of the UN Guiding Principles have taken root in Asia, which has only had a mixed record for upholding human rights. The book first considers the international state of play in the field. It moves on to case studies of corporate governance and human rights in Asia (especially Japan, South Korea, India, Thailand, and the Philippines). It then examines emerging issues (environmental damage and climate change, crimes against humanity, and compliance programs and corporate criminal Responsibility), and considers how Asia has dealt and can deal with corporate responsibility in connection with those matters. By way of conclusion, the book offers an action plan for implementing the UN Guiding Principles in Asia.