Richtung der Anderen (German Edition)


That leads to the potential for violations of human rights by businesss in countries who are unable or unwilling to impose adequate regulations. Consider, for instance, the description of what took place in Myanmar during the s in the construction of a major oil pipeline that was a joint venture between the multinationals Total and Unocal. Raj based on court documents describes how,.

Thousands of villagers were forced to cut down trees, dig out stumps, and build barracks and helipads, or risk fatal consequences. Those villagers who refused, attempted to escape, or could not physically manage to sustain the brutal conditions, were subject to beatings, rape, torture, and extra-judicial killings. This quote is just one instance of how thousands of people have had their lives destroyed by the activities of multi-national corporations.

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The diet was extremely inadequate. Withoutabox Submit to Film Festivals. There's a problem loading this menu right now. Not Enabled Word Wise: Enabled Would you like to tell us about a lower price? In this context, it is also worth pointing out, that the most important German Fundamental Rights not only protect German nationals but every human being affected by the German authorities or liable private actors.

A major gas leak in Bhopal, India and oil spills in Oganiland, Nigeria ongoing over decades have killed, maimed and caused lasting environmental damage. Garment workers desperate for an income were forced to work in an unsafe building in Bangladesh by employers and, eventually, of them died when the building collapsed These are just some of the well-known examples of rights violations on the part of corporations. Yet, people affected by these severe harms have, generally, struggled to hold the perpetrators to account and receive damages to ameliorate their suffering. The existing soft instruments at the global level — such as the United Nations Guiding Principles on Business and Human rights — lack the necessary legal weight to offer a clear solution, given they do not have binding force nor do they require compliance.

That is why the leading human rights NGOs around the world in a massive conglomeration called the Treaty Alliance , together with many luminary academics are calling for a treaty between states on business and human rights that would seek to prevent human rights violations by businesses from occurring and ensure they do not go unpunished or at least uncompensated. Such a treaty is necessary given the need to address a number of problems in international law that have prevented victims of human rights violations from being able to gain remedies against errant corporations.

Richtungspfeil

The first of these is that international law has traditionally been built on the idea that each state is sovereign within its own domain and required to hold responsible those who commit wrongs within its jurisdiction. However, such an understanding is less well equipped to address wrong-doers who cross borders: Suing a corporation in the country where a wrong is committed may thus fail to affect the real centre of power or wealth. This problem is compounded by a second difficulty in that, in law, each corporation is regarded as a separate legal person.

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As such, a multi-national corporation is in fact a network of different entities all formed in terms of the laws of different countries. The likelihood of successful prosecutions or claims for compensation is very limited in these jurisdictions. A treaty would seek to address these problems. First, it could require all states to adopt laws permitting them to hold corporations that have an office there to account for violations of fundamental rights they commit beyond their borders. Such an approach would help address the difficulty that no-one state alone wishes to be seen as the sole enforcer of human rights norms, and so become unattractive to businesses.

It also stops corporations from exploiting weaknesses in legal systems of states in which violations take place to create a situation of impunity. Secondly, the treaty could place binding legal obligations on corporations to address their impact on human rights across their operations, including when they are structured through subsidiaries and long supply chains. Thirdly, the treaty could also address technical questions surrounding in which jurisdictions such cases can be brought, how evidence can be gathered, and how remedies enforced.

Germany’s Moral Responsibility to Support a Treaty on Business and Human Rights

Finally, it can also develop international structures to set reasonable minimum standards that businesses must adopt in relation to human rights that can be applied across the world. Sadly, in Germany, a lot of opposition comes from businesses who are concerned perhaps about the increased costs to ensure they are not in breach thereof.

If the treaty is adopted widely, however, any such costs will have to be borne by competitors too. Indeed, business should not automatically been seen as against rights and it has many opportunities and responsibilities actively to contribute towards the realisation of rights in our society. Another equally unacceptable source of opposition comes from rigid lawyers schooled in the idea that international human rights only apply to the activities of states. Lawyers need to learn from the mistakes of Nazi Germany too: In light of its history, Germany has a deep moral responsibility to stand up and lead the world in ensuring respect for the dignity and fundamental rights of individuals particularly where business is concerned.

In a few months, the first draft of a treaty on business and human rights will be debated in Geneva.

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This offers a major opportunity for the government and business to change course and exercise leadership in meeting its historic and contemporary obligations to ensure a more humane world. Prof Bilchitz will argue the case for a business and human rights treaty followed by a panel discussion on 19 July at 17h00 at Humboldt University, Berlin. This will be followed by a one-day conference on the topic on 20 July by leading German academics.

To put it bluntly — this is attempted blackmail using Germanys undoubtedly horrible crimes between and Bilchitz, for this highly informative and actually convincing article!

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In fact, any legal interpretation should be based on historical facts as this represents the classical method of historical interpretation. Auslegung der Gesetze; p. Further, the conclusions drawn by Prof. Bilchitz are perfectly in line with the view of the Bun-desverfassungsgericht. It ruled that our constitution, the Grundgesetz, is the counter-concept to the Nazi Dictatorship.

Richtungspfeil translation English | German dictionary | Reverso

This very counter-concept is regarded as identity building to all of us cf. Feedback If you need help or have a question for Customer Service, contact us. Would you like to report poor quality or formatting in this book? Click here Would you like to report this content as inappropriate? Click here Do you believe that this item violates a copyright? There's a problem loading this menu right now. Get fast, free shipping with Amazon Prime. Your recently viewed items and featured recommendations.

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