000			02587 a2200241 4500
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005			20251107154904.0
008			250729b |||||||| |||| 00| 0 eng d
020			_a9781108815314
040			_c.
082			_a346.0664 _bBIL
100			_aBilchitz, David
245			_aFundamental Rights and the Legal Obligations of Business / _cby David Bilchitz
260			_aNew Delhi: _bCambridge University Press, _c2021.
300			_a499p.; _c23cm.
505			_aContents: 1. The Nature and Purpose of the Corporation in Law Part I: Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights: 2. The State Duty to Protect Model 3. The Indirect Application Model 4. The Expanding the State Model 5. The Direct Obligations Model Part II: Towards a Multi-Factoral Model for Determining the Substantive Content of Corporate Obligations: 6. The Justification for and Contours of a Multi-Factoral Approach 7. A Balancing Act – Proportionality in the Corporate Sphere 8: The Multi-Factoral Model and Positive Obligations for Corporations Part III: The Institutional Implications of the Multi-Factoral Model 9: Embedding the Multi-Factoral Model in Corporations: The Role of Corporate Law 10: Corporate Obligations in a Global World: The Role of International Mechanisms
520			_aCorporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.
650			_aConstitutional and Administrative Law
650			_aLaw
650			_aPolitics
651			_aGovernment
942			_cBK _2ddc
999			_c3409 _d3409