Fundamental Rights and the Legal Obligations of Business

This book explores how corporations affect the fundamental rights of individuals and how to determine their obligations. It proposes a multi-factoral approach and a seven-step test to determine positive obligations and defends the use of the proportionality test for negative obligations. It also calls for legal and institutional reforms to enhance decision-making and embed fundamental rights within the corporate structure.

Format: Hardback
Length: 350 pages
Publication date: 11 November 2021
Publisher: Cambridge University Press

Corporations wield immense power over the fundamental rights of individuals, exerting a profound influence on their lives and livelihoods. 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 need for robust legal frameworks and institutional mechanisms to safeguard the rights of individuals and promote a more equitable and sustainable society.

Weight: 863g
Dimension: 229 x 152 x 29 (mm)
ISBN-13: 9781108841948