Based on author's thesis (doctoral - Universita degli Studi Roma Tre, 2018) issued under title: Effective Compliance in the Transnational Legal Space : Addressing the Untapped Potential of Transnational Private Regulations in the Area of Business and Human Rights. Includes bibliographical references and index.
Contents:
Introduction -- The transnational legal landscape -- Adjusting the lenses : transnational private regulations in the field of business and human rights -- Effective compliance with transnational private regulations in the field of business and human rights : the need for an interdisciplinary assessment -- Transnational private regulation processes : looking for effective compliance.
Summary:
"In recent years, Transnational Private Regulations (TPRs) have gained in importance in the areas of business and human rights, particularly from a consumer point of view. However, some question whether TPRs are indeed suitable normative frameworks contributing to their signatory entities' compliance with human rights standards and effective avoidance of human rights abuses. In response to this question, this book proposes an analytical concept of effective compliance. Based on the elements identified as crucial for achieving effective compliance, it conducts an in-depth analysis of how TPRs' normative frameworks function in practice and identifies common patterns and challenges. Such inquiry is based on an interdisciplinary methodological approach between law and sociology, seeking not only to comprehend and assess how law is systematised in theoretical terms, but also to understand how it works on the ground. This allows identification of the lack of active and effective participation of vulnerable stakeholders in the discursive processes established and governed by TPRs, such as rule-making and conformity assessment processes, as the main challenge. Based on such evidence, the book addresses the possibilities of overcoming such challenges, proposing that to fully achieve TPRs' potential from an effective compliance point of view, legal empowerment of vulnerable groups is essential. It concludes by providing key observations and suggestions that contribute to the use of TPRs as instruments in the struggle for rights of empowered vulnerable stakeholders"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.