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    Power and responsibility: why human rights should address corporate environmental wrongs

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    Sinden-BookChapter-2009-09.pdf
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    Genre
    Book chapter
    Date
    2009-09
    Author
    Sinden, Amy
    Subject
    Rights
    Human rights
    Environment
    Corporations
    Corporate social responsibility
    International law
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6632
    
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    DOI
    http://dx.doi.org/10.34944/dspace/6614
    Abstract
    This chapter attempts to construct a normative justification for the imposition of human rights duties on transnational corporations (TNCs) that commit environmental wrongs in the developing world. Under the now near-hegemonic worldview of welfare economics, TNCs are analogised to individuals competing in the marketplace and thus placed squarely on the private side of the public/private divide. If we step outside of the economic worldview, however, and recognise the extent to which the normative justifications for civil and political human rights have traditionally been rooted in a perceived need to counteract the imbalance of power between the individual and the state, it becomes clear that it is frequently far more appropriate to treat TNCs as like states than like individuals. Many TNCs, after all, wield more power and resources than many states. Accordingly, at least where one of two sets of factual circumstances exist, human rights duties should be imposed directly on TNCs for environmental harms: 1) where the state has become so weak and/or corrupt as to be non-functional, or 2) where the TNC has so much power and influence within the domestic government that it essentially controls state decision-making.
    Citation
    Amy Sinden, Power and responsibility: why human rights should address corporate environmental wrongs, in The New Corporate Accountability: Corporate Social Responsibility and the Law 501, (Doreen McBarnet, Aurora Voiculescu & Tom Campbell, eds., 2009).
    Citation to related work
    Cambridge University Press
    Has part
    Chapter appears in: The New Corporate Accountability: Corporate Social Responsibility and the Law (Doreen McBarnet, Aurora Voiculescu & Tom Campbell, eds., 2009).
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