Corporations and Human Rights in a Globalized World Holding Business Accountable in an Era of Unchecked Power

As corporations grow more powerful, often surpassing that of governments, their influence on global human rights can no longer be ignored. In this urgent and timely book, legal scholar and former Member of Parliament Dr. Mario Silva explores the growing reach of transnational corporations and the critical need to hold them accountable. From landmark legal cases to policy debates and data privacy concerns, Silva unpacks how unchecked corporate conduct threatens the rights and dignity of individuals and communities worldwide— particularly the most vulnerable. At the heart of this book is a compelling question: How do we build a global economy where profit and human rights are not in conflict, but mutually reinforcing? Key topics include: Corporate influence on public institutions Legal frameworks for corporate accountability The impact of global business on Indigenous rights Data privacy in the digital age Transitional justice and corporate complicity With clarity and authority, Silva maps the legal terrain of corporate responsibility and offers a framework for ethical reform.

Dr. Mario Silva is a Canadian legal scholar and former politician who has held roles in both municipal and federal government. He holds degrees from the University of Toronto, the Sorbonne, Oxford, and a PhD in law from NUI Galway. Silva is Vice Chair of the Human Rights Tribunal of Ontario, a distinguished fellow at Toronto Metropolitan University, and a recipient of national honours from France, Portugal, and Brazil.

Corporations and Human Rights Law in a Globalized World Preface xiii The Intersection of Corporate Power and Human Rights: A Personal and Academic Reflection xiii Introduction xvi Chapter 1: Introduction to Transnational Corporations and Human Rights Transnational Supply Chains: Global and Local Market Implications 4 Conceptual and Regulatory Frameworks in Governing Transnational Corporations 6 Chapter 2: Corporate Accountability and Human Rights Law: A Historical Perspective The Enlightenment and Early Corporate Power 10 Industrialization and the Rise of Labour Movements 12 Establishment of International Human Rights Law 13 Universal Declaration of Human Rights (UDHR) 17 Development of Regional Rights Systems 20 Corporate Accountability in the Global Era 21 UN Guiding Principles on Business and Human Rights (UNGPs) 25 Chapter 3: Legal Frameworks Governing Corporate Responsibility Evolution of Corporate Social Responsibility (CSR) 31 Shaping Corporate Responsibility: The Role of International Bodies 34 Legal Frameworks Shaping Corporate Accountability: National vs. International Laws 36 OECD Guidelines for Multinational Enterprises 39 OECD Anti-Bribery Convention 41 United Nations Convention against Corruption (UNCAC) 42 International Labour Organization (ILO) Standards 44 Foreign Corrupt Practices Act (FCPA) – United States 46 UK Bribery Act (2010) 47 UK Modern Slavery Act (2015) 49 France’ s Duty of Vigilance Law (2017) 50 California Transparency in Supply Chains Act (2010) 53 Germany’ s Supply Chain Due Diligence Act (2023) 55 Dodd-Frank Act (2010) 56 Alien Tort Statue (ATS) 59 Bill S-211: Fighting Against Forced Labour and Child Labour in Supply Chains Act 61 Magnitsky Act 62 Voluntary Principles on Security and Human Rights (VPSHR) 66 Chapter 4: Challenges in Legal Enforcement Against Corporate Misconduct Corporate Corruption on Human Rights Violations 68 Panama Papers and Pandora Papers 69 Plutocracy: The Super-Wealthy and Their Influence on Governance 71 Rome Statute and Corporate Accountability: Bridging the Legal Gap 76 Binding International Standards: Treaty Negotiations 78 Challenges in Corporate Accountability: Extraterritorial Jurisdiction 84 Extraterritorial Reach and Enforcement Gaps 93 Jurisdiction and Accountability: The Impact of R. v. Hape on Canadian Corporate Responsibility Abroad 94 Closing the Gaps: Addressing Systemic Regulatory Failures and Enforcement Challenges 96 Bridging Regulatory Gaps: Countering Corporate Lobbying and Strengthening Corporate Accountability 100 Chapter 5: Corporate Conduct on Trial: Landmark Cases and Legal Precedent Landmark Cases and Global Legal Precedents 106 The Bhopal Disaster: Corporate Negligence and Failed Legal Action 106 Emerging Cross-Border Cases: Redefining Global Corporate Accountability 108 Expanding Corporate Accountability: Nevsun Resources Ltd. v. Araya (2020) 112 Other Landmark Corporate Accountability Cases 116 Siemens AG and the OECD Anti-Bribery Convention 117 Limits of National Legal Systems: Chevron and the Ecuadorian Amazon 119 Case Studies: Challenges and Successes 120 Unilever: A Model for Proactive Human Rights Practices 121 Amazon: The Complexity of Global Operations 121 Deferred Prosecution Agreements (DPAs) for Corporate Crimes 122 Corporate Influence on Unhealthy Consumption Habits 124 Impact of Food Marketing on Children’ s Health 127 Corporate Social Responsibility: From Voluntary Practices to Formal Expectations 128 Early Voluntary CSR Initiatives: The Ford Motor Company 133 Nike and the Shift from Voluntary CSR to Accountability 133 Jurisdictional Challenges and Extraterritoriality 136 Chapter 6: Human Rights Due Diligence (HRDD): Tools and Implementation Human Rights Due Diligence (HRDD) Process and Strategies 142 Technological Innovations and Ethical Obligations 145 Toward a Holistic Framework for Corporate Accountability: The Future of Human Rights Due Diligenc