Meeting the ruggie principles: the tort law approach or the due diligence legislative approach?
<p>To address the impact of multinational corporations (MNCs) on environmental and human rights issues, there have emerged many international norms regulating MNCs. Among them, the UN Guiding Principles on Business and Human Rights (UNGPs) set up a global standard in preventing and addressing...
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| Format: | Thesis |
| Language: | English |
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2023
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| _version_ | 1824458676552859648 |
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| author | Ma, J |
| author_facet | Ma, J |
| author_sort | Ma, J |
| collection | OXFORD |
| description | <p>To address the impact of multinational corporations (MNCs) on environmental and human rights issues, there have emerged many international norms regulating MNCs. Among them, the UN Guiding Principles on Business and Human Rights (UNGPs) set up a global standard in preventing and addressing negative impacts of business activities on human rights.</p>
<p>Recently, the United Kingdom (UK) has tried to implement the UNGPs in domestic law through a tort law approach. Several seminal cases have repeatedly raised such a possibility. However, UK courts have yet to offer a clear, comprehensive, and coherent response. This thesis provides an analytical framework for resolving such MNC liability questions, which can apply to any type of torts liability. The framework proposes that an MNC should incur tort liability for torts committed by its associated corporations, in the course of its business, only where the requisite elements of the torts are proved by the claimant against the MNC. Based on such a framework, this thesis provides an analysis of how an MNC can assume torts liability when its associated corporations commit torts, applying the tort of negligence and accessory liability as examples.</p>
<p>Notwithstanding the above, although the tort law approach has some advantages, recent cases have highlighted its substantive as well as procedural limitations. To fulfill the requirements of the UNGPs, this thesis suggests it is necessary to adopt a domestic Due Diligence Act in the UK. This thesis identifies the scope of the proposed Due Diligence Act, including the goals of the proposed Act, what human rights and environmental matters it covers, which companies it includes, and the jurisdictional area to which it extends. Moreover, this thesis suggests the types and the contents of due diligence obligations in the proposed Act.</p> |
| first_indexed | 2025-02-19T04:29:41Z |
| format | Thesis |
| id | oxford-uuid:44ad1784-1e8b-4e5e-b46a-e4905e6c9e48 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2025-02-19T04:29:41Z |
| publishDate | 2023 |
| record_format | dspace |
| spelling | oxford-uuid:44ad1784-1e8b-4e5e-b46a-e4905e6c9e482025-01-02T14:41:07ZMeeting the ruggie principles: the tort law approach or the due diligence legislative approach?Thesishttp://purl.org/coar/resource_type/c_bdccuuid:44ad1784-1e8b-4e5e-b46a-e4905e6c9e48tortbusiness and human rightsEnglishHyrax Deposit2023Ma, J<p>To address the impact of multinational corporations (MNCs) on environmental and human rights issues, there have emerged many international norms regulating MNCs. Among them, the UN Guiding Principles on Business and Human Rights (UNGPs) set up a global standard in preventing and addressing negative impacts of business activities on human rights.</p> <p>Recently, the United Kingdom (UK) has tried to implement the UNGPs in domestic law through a tort law approach. Several seminal cases have repeatedly raised such a possibility. However, UK courts have yet to offer a clear, comprehensive, and coherent response. This thesis provides an analytical framework for resolving such MNC liability questions, which can apply to any type of torts liability. The framework proposes that an MNC should incur tort liability for torts committed by its associated corporations, in the course of its business, only where the requisite elements of the torts are proved by the claimant against the MNC. Based on such a framework, this thesis provides an analysis of how an MNC can assume torts liability when its associated corporations commit torts, applying the tort of negligence and accessory liability as examples.</p> <p>Notwithstanding the above, although the tort law approach has some advantages, recent cases have highlighted its substantive as well as procedural limitations. To fulfill the requirements of the UNGPs, this thesis suggests it is necessary to adopt a domestic Due Diligence Act in the UK. This thesis identifies the scope of the proposed Due Diligence Act, including the goals of the proposed Act, what human rights and environmental matters it covers, which companies it includes, and the jurisdictional area to which it extends. Moreover, this thesis suggests the types and the contents of due diligence obligations in the proposed Act.</p> |
| spellingShingle | tort business and human rights Ma, J Meeting the ruggie principles: the tort law approach or the due diligence legislative approach? |
| title | Meeting the ruggie principles: the tort law approach or the due diligence legislative approach? |
| title_full | Meeting the ruggie principles: the tort law approach or the due diligence legislative approach? |
| title_fullStr | Meeting the ruggie principles: the tort law approach or the due diligence legislative approach? |
| title_full_unstemmed | Meeting the ruggie principles: the tort law approach or the due diligence legislative approach? |
| title_short | Meeting the ruggie principles: the tort law approach or the due diligence legislative approach? |
| title_sort | meeting the ruggie principles the tort law approach or the due diligence legislative approach |
| topic | tort business and human rights |
| work_keys_str_mv | AT maj meetingtheruggieprinciplesthetortlawapproachortheduediligencelegislativeapproach |