Human Rights Law and Corporate Regulation

A Neo-Concession Approach

Jonathan Barrett (Victoria University of Wellington)

$105

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Routledge
24 October 2024

Series: Routledge Research in Human Rights Law

This book argues for an intensely humanist engagement with the company and presents a model of company regulation that is compatible with the protection, respect for and fulfilment of human rights.

Dr Barrett provides a theoretical framing for corporate regulation in the context of human rights States. He argues that States which have ratified the fundamental human rights instruments should, on principle, exclude bodies corporate from the human rights ecosystem, except to the degree necessary to respect property rights of humans and human rights in business. He therefore develops a ‘neo-concession’ account of the corporation as the basis for a model of corporate regulation to protect human rights. The book outlines and recommends the principal features of a company under a neo-concession model, and the role of regulators in furthering the State’s human right obligations. It also delves into the potential issues of technological developments, including decentralised autonomous organisations, and the lessons policymakers can gain from First Nations’ approaches to business.

This is a thought-provoking volume that will appeal to scholars in the disciplines of human rights law and corporate governance, as well as policymakers and regulators interested in regulating business for greater societal good.

By: Jonathan Barrett (Victoria University of Wellington)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 216mm, Width: 138mm,
Weight: 399g
ISBN: 9781032833781
ISBN 10: 1032833785
Series: Routledge Research in Human Rights Law
Pages: 120
Publication Date: 24 October 2024
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

1 Introduction 1.1 Aim 1.2 A neo-concessionist model 1.3 Structure 1.3.1 Human rights and duties, and corporations 1.3.2 Concession to neo-concession 1.3.3 Companies Acts and legislative considerateness 1.3.4 The role of the corporate regulator – regulatory considerateness 1.3.5. Towards regulatory confederation 1.3.6 Corporate regulation and technology 1.4 Concluding comments 2 Human rights and corporations 2.1 Introduction 2.1.1 Humanism 2.1.2 Rights and duties 2.1.3 Universal human rights 2.2 Human rights in law 2.3 Property 2.4 Corporate claims to human rights 2.4.1 Practical problems 2.4.2 Interpretive problems 2.4.3 Learning from the US 2.4.4 Rule of law 2.5 Concluding comments 3 Concession to neo-concession 3.1 Introduction 3.2 Some theories of the company 3.2.1 Concession 3.2.2 Organic 3.2.3 Contract 3.2.4 Real entity 3.3 The company untheorised 3.4 Neo-concession 3.5 Concluding comments 4 Companies legislation and legislative considerateness 4.1 Introduction 4.1.1 Legislative considerateness 4.1.2 Directors’ duties 4.1.3 Piercing the corporate veil 4.2 Legislative considerateness 4.2.1 General principles 4.2.2 Legislative considerateness and SMEs 4.3 Directors’ duties 4.3.2 Shareholders 4.5 General anti-abuse provision 4.6 Concluding comments 5 The role of the corporate regulator 5.1 Introduction 5.1.1 General principles 5.1.2 Key issues 5.2 Institutional competence 5.3 Regulatory considerateness 5.3.1 Competent and cooperative actors 5.3.2 Potentially competent and cooperative actors 5.3.3 Recalcitrant actors 5.4 International issues 5.4.1 Recognition of out of jurisdiction registered companies 5.5 Concluding comments 6 Towards regulatory confederation 6.1 Introduction 6.2 Colonial experience and UNDRIP 6.2.1 Australia 6.2.2 Canada 6.2.3 New Zealand 6.3 Indigenous corporations 6.3.1 Australia 6.3.2 Canada 6.3.3 New Zealand 6.4 Towards regulatory confederation 6.5 Concluding comments 7 Corporate regulation and technology 7.1 Introduction 7.2 Regulating cyberutopia 7.2.1 The DAO – a failed CBE 7.2.2 Algorithmic entities 7.3 AI 7.4 Regulating the unregulable 7.5 Concluding comments 8 Conclusion Bibliography Articles/Books/Reports Cases Legislation International instruments Other

Jonathan Barrett is an Associate Professor in the School of Accounting and Commercial Law, Victoria University of Wellington Te Herenga Waka, New Zealand. He teaches company law and taxation and researches the practical application of human rights.