Fundamental Rights and the Legal Obligations of Business

This book investigates how to determine the substantive content of the legal obligations of corporations both to avoid harming fundamental rights and to contribute towards realising them. In doing so it outlines a multi-factoral approach for determining such obligations and proposes legal and institutional reforms nationally and internationally.

Format: Paperback / softback
Length: 521 pages
Publication date: 06 April 2023
Publisher: Cambridge University Press

Corporations wield immense power over the fundamental rights of individuals, exerting a profound influence on their lives and well-being. This captivating book delves into the intricate realm of ascertaining the substantive content of the obligations that arise from these rights. Through a comprehensive examination of existing legal models, it reveals a striking structural similarity in how courts grapple with corporate responsibilities. The book aims to systematize, justify, and further develop this emerging multi-factorial approach by exploring key factors that determine the substantive nature of corporate obligations.

In defending the use of the proportionality test to identify corporations' negative obligations, the book offers a novel seven-step test to determine their positive obligations. Furthermore, it proposes legal and institutional reforms at both the national and international levels to enhance the quality of decision-making surrounding corporate obligations. These reforms seek to embed fundamental rights within the corporate structure and the minds of key decision-makers, ensuring that the interests of individuals are protected and that corporations are held accountable for their actions.

This thought-provoking book is a valuable resource for scholars, policymakers, and activists seeking to understand the complex interplay between corporations, fundamental rights, and social responsibility. It sheds light on the critical role that legal frameworks play in shaping the outcomes of corporate actions and provides valuable insights into the mechanisms for promoting a more equitable and just society.

ISBN-13: 9781108815314