Multinational Enterprises and Human Rights
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Multinational Enterprises and Human Rights

Obligations under EU Law and International Law

Alexandra Gatto

This well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date.
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Chapter 8: Measures Addressed to Host States in the Development and Cooperation of the European Union

Alexandra Gatto


8.1 INTRODUCTION One of the main objectives of the EC/EU’s development and cooperation is raising the human rights records of countries which are generally host States of European MNEs. As explained in Chapter 7, raising the human rights obligations of host States can encourage them to indirectly enforce human rights obligations on MNEs. In addition, through technical assistance and targeted projects, the EU can help developing countries in creating a civil society which can be more critical to the behaviour of MNEs on their territories. Chapter 8 attempts to identify the ways in which both human rights conditionality and incentive measures are used to encourage scrutiny of MNEs by developing countries’ governments and civil society, with particular reference to the main development assistance programmes between the European Union and Mediterranean countries, Asian and Latin American countries (ALA), Eastern European countries, ACP countries. The analysis also includes the projects funded through the EIDHR,1 as they complement the funding of cooperation assistance of the regional programmes examined. In this perspective, three parameters will be taken into account: the relevance given to human rights and social rights in the Regulations and the Agreements that provide the legal basis of the assistance programmes; the distribution of funding; and the measures aimed at strengthening the role of NGOs and civil society in developing countries. As mentioned in the previous chapter, the current development policy of the European Union is based on Articles 11 of the EU Treaty and 177 of the EC Treaty. Article...

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