Show simple item record

dc.creatorSinden, Amy
dc.date.accessioned2021-06-21T20:33:20Z
dc.date.available2021-06-21T20:33:20Z
dc.date.issued2009-09
dc.identifier.citationAmy 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).
dc.identifier.isbn9780521142090
dc.identifier.urihttp://hdl.handle.net/20.500.12613/6632
dc.description.abstractThis 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.
dc.format.extent25 pages
dc.languageEnglish
dc.language.isoeng
dc.relation.ispartofFaculty/ Researcher Works
dc.relation.haspartChapter appears in: The New Corporate Accountability: Corporate Social Responsibility and the Law (Doreen McBarnet, Aurora Voiculescu & Tom Campbell, eds., 2009).
dc.relation.isreferencedbyCambridge University Press
dc.rightsAll Rights Reserved
dc.subjectRights
dc.subjectHuman rights
dc.subjectEnvironment
dc.subjectCorporations
dc.subjectCorporate social responsibility
dc.subjectInternational law
dc.titlePower and responsibility: why human rights should address corporate environmental wrongs
dc.typeText
dc.type.genreBook chapter
dc.relation.doihttp://dx.doi.org/10.34944/dspace/6614
dc.ada.noteFor Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu
dc.description.schoolcollegeTemple University. James E. Beasley School of Law
dc.temple.creatorSinden, Amy
refterms.dateFOA2021-06-21T20:33:20Z


Files in this item

Thumbnail
Name:
Sinden-BookChapter-2009-09.pdf
Size:
155.1Kb
Format:
PDF

This item appears in the following Collection(s)

Show simple item record