Robert Mccorquodale
Biographic Data
| ID | 1471788 |
|---|---|
| NAME | Robert Mccorquodale |
| GIVEN NAMES | Robert |
| FAMILY NAME | Mccorquodale |
| SIGNATURE | MCCORQUODALE R |
| AFFILIATIONS | University of Nottingham |
| ORCID | 0000-0002-0842-986X |
| VERIFIED | Yes |
| TOTAL WORKS | 26 |
| TOTAL CITATIONS | 125 |
| AUTHOR COUNT | 24 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 1994 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 7 |
Social Justice: From God to Corporation
While ‘social justice’ is a recent concept, its origins lie in a 13th century theologian, who, through an Italian Jesuit, inspired a 19th century Pope. From there it has moved to the secular realm and jurisprudential reasoning, and tried to leap from national society to international society. It has become linked internationally to human rights obligations, where it has had a mixed influence. Within all these developments, the definitions of soci…
Boundaries and Justice: Diverse Ethical Perspectives
Responsible Business Conduct and State Laws: Addressing Human Rights Conflicts
The business and human rights framework is based on pillars in which states should act to protect against the human rights impacts of business enterprises and the business enterprises should act in ways that do not lead to human rights impacts. Yet there is a gap in this framework in situations where a business enterprise may be willing to act but faces challenges in doing so due to the laws and practices of a state in which it operates. This int…
Human rights due diligence in global supply chains: Evidence of corporate practices to inform a legal standard
Human rights due diligence in supply chains is increasingly important for companies, as mandatory due diligence standards are being drafted and considered in domestic jurisdictions, at the European Union level and in an international treaty negotiation process. In applying a legal standard of care for human rights due diligence, a core consideration will be what can reasonably be required of a company in a supply chain. Yet evidence of companies’…
Territorial Integrity and Consent in the Chagos Advisory Opinion
A key element of the right to self-determination is territorial integrity. This has usually been considered solely in relation to the territorial integrity of an existing State seeking to resist claims by peoples for the right to self-determination. Yet the Chagos Opinion by the International Court of Justice examines a different type of territorial integrity—that of the colonial territory itself. This article explores the consequence of the Cour…
Sources and the Subjects of International Law: A Plurality of Law-Making Participants
This chapter explores the range of participants involved in international law-making, including corporations, non-State armed groups, and non-governmental organizations, in addition to States and international organizations. The approach taken in this chapter is that of global legal pluralism, which recognizes that there can be multiple actors participating in a legal system to create law, and which accepts disparities in powers. In addition, the…
Human Rights
Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises
This article considers the practices of companies worldwide in attempting to implement human rights due diligence (HRDD) as envisaged by the Guiding Principles on Business and Human Rights. Based on empirical research conducted through surveys and interviews, it analyses corporate practices in this area. It examines the responses of companies with reference to the core elements of implementing HRDD: identifying actual or potential human rights im…
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Rejoinder to John Gerard Ruggie and John F. Sherman, III
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
Due diligence is at the heart of the United Nations Guiding Principles on Business and Human Rights, which establish the main parameters internationally for considering corporate responsibility for human rights violations. However, the Guiding Principles invoke two different concepts of due diligence: the first is a process to manage business risks and the second is the standard of conduct required to discharge an obligation. In this article, we …
Defining the International Rule of Law: Defying Gravity
This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can be applied to the international system. This definition of the international rule of law is not dependent on a simplistic application of a national rul…
Pluralism, global law and human rights: Strengthening corporate accountability for human rights violations
Though a Rothschild you may be, in your own capacity,As a Company you’ve come to utter sorrow,But the liquidators say, ‘Never mind – you needn’t pay’,So you start another Company Tomorrow!Corporations as legal entities were created by states mainly to assist individuals to combine capital and to be protected from personal liability. The legal institution of a corporation, whose existence and operation is entirely enabled by law, is found in every…
Waving Not Drowning: Kiobel Outside the United States
Access to an effective remedy is part of the third pillar of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles). It should require states to provide access to judicial remedies for human rights violations, even those that have occurred outside the territory of the state by a corporation domiciled in that state, especially where claimants “cannot access [their] home State courts regardless of the merits of the …
Th Anniversary of the British Institute of International and Comparative Law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Economic, Social, and Cultural Rights in Action
On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to protect a range of important economic, social, and cultural rights. Forty years later the vast majority of States have ratified this treaty. Despite this history, there remains considerable debate, both within the literature and within the international …
The Creation of States in International Law
Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law
States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritori…
Human Rights Obligations of Non‐State Actors by Andrew Clapham
An Inclusive International Legal System
The dominant international legal theories are based on an understanding of international law in terms of a solely state-based system. This article challenges those theories in the context of the practice of the participants in the international legal system. It proposes an inclusive conceptual approach which acknowledges that non-state actors have distinct and independent international rights, responsibilities, and abilities to bring claims, as w…
Taking Off the Blindfolds: Torture by Non-State Actors
Robert McCorquodale, Rebecca La Forgia; TAKING OFF THE BLINDFOLDS: TORTURE BY NON-STATE ACTORS, Human Rights Law Review, Volume 1, Issue 2, 1 October 2001
Pushing Back the Limitations of Territorial Boundaries
This article offers some critiques of the dominant approaches in international law to dealing with territorial boundaries. It demonstrates that these approaches are largely trapped within the framework of nineteenth-century colonial concepts. As a consequence, the international legal system - which is still largely constructed on ideas of a certain type of territorial sovereignty - recreates and affirms the dispositions by colonial powers, it pri…
Globalization and Human Rights
Globalization and Human Rights* Robert McCorquodale (bio) and Richard Fairbrother (bio) I. Introduction An advertising campaign by the McDonald's food corporation in the late 1990s showed images of Russian soldiers and American grandfathers, young Mexican women and Australian Aboriginal children, all celebrating the thing they share in common: a love of McDonald's food. According to the advertisement: "everyone around the world is saying 'It's Ma…
Tibet: The Position in International Law. Report of the Conference of International Lawyers on Issues Relating to Self-Determination and Independence For Tibet, London, 6-10 January 1993
VRÜ Verfassung und Recht in Übersee , Seite 267 - 268
The role of human rights in foreign policy
Journal Article The role of human rights in foreign policy Get access The role of human rights in foreign policy. By Peter R. Baehr. London: Macmillan. 1994. 210pp. Index. £35.00. ISBN 0 333 58819 3. Robert McCorquodale Robert McCorquodale 1St John's College, University of Cambridge Search for other works by this author on: Oxford Academic Google Scholar International Affairs, Volume 71, Issue 2, April 1995, Page 363, https://doi.org/10.2307/2623…
Self-Determination: A Human Rights Approach
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
Due diligence is at the heart of the United Nations Guiding Principles on Business and Human Rights, which establish the main parameters internationally for considering corporate responsibility for human rights violations. However, the Guiding Principles invoke two different concepts of due diligence: the first is a process to manage business risks and the second is the standard of conduct required to discharge an obligation. In this article, we …
Globalization and Human Rights
Globalization and Human Rights* Robert McCorquodale (bio) and Richard Fairbrother (bio) I. Introduction An advertising campaign by the McDonald's food corporation in the late 1990s showed images of Russian soldiers and American grandfathers, young Mexican women and Australian Aboriginal children, all celebrating the thing they share in common: a love of McDonald's food. According to the advertisement: "everyone around the world is saying 'It's Ma…
Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises
This article considers the practices of companies worldwide in attempting to implement human rights due diligence (HRDD) as envisaged by the Guiding Principles on Business and Human Rights. Based on empirical research conducted through surveys and interviews, it analyses corporate practices in this area. It examines the responses of companies with reference to the core elements of implementing HRDD: identifying actual or potential human rights im…
Self-Determination: A Human Rights Approach
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Defining the International Rule of Law: Defying Gravity
This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can be applied to the international system. This definition of the international rule of law is not dependent on a simplistic application of a national rul…
An Inclusive International Legal System
The dominant international legal theories are based on an understanding of international law in terms of a solely state-based system. This article challenges those theories in the context of the practice of the participants in the international legal system. It proposes an inclusive conceptual approach which acknowledges that non-state actors have distinct and independent international rights, responsibilities, and abilities to bring claims, as w…
Human rights due diligence in global supply chains: Evidence of corporate practices to inform a legal standard
Human rights due diligence in supply chains is increasingly important for companies, as mandatory due diligence standards are being drafted and considered in domestic jurisdictions, at the European Union level and in an international treaty negotiation process. In applying a legal standard of care for human rights due diligence, a core consideration will be what can reasonably be required of a company in a supply chain. Yet evidence of companies’…
The Creation of States in International Law
Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law
States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritori…
Waving Not Drowning: Kiobel Outside the United States
Access to an effective remedy is part of the third pillar of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles). It should require states to provide access to judicial remedies for human rights violations, even those that have occurred outside the territory of the state by a corporation domiciled in that state, especially where claimants “cannot access [their] home State courts regardless of the merits of the …
Territorial Integrity and Consent in the Chagos Advisory Opinion
A key element of the right to self-determination is territorial integrity. This has usually been considered solely in relation to the territorial integrity of an existing State seeking to resist claims by peoples for the right to self-determination. Yet the Chagos Opinion by the International Court of Justice examines a different type of territorial integrity—that of the colonial territory itself. This article explores the consequence of the Cour…
Tibet: The Position in International Law. Report of the Conference of International Lawyers on Issues Relating to Self-Determination and Independence For Tibet, London, 6-10 January 1993
VRÜ Verfassung und Recht in Übersee , Seite 267 - 268
Pluralism, global law and human rights: Strengthening corporate accountability for human rights violations
Though a Rothschild you may be, in your own capacity,As a Company you’ve come to utter sorrow,But the liquidators say, ‘Never mind – you needn’t pay’,So you start another Company Tomorrow!Corporations as legal entities were created by states mainly to assist individuals to combine capital and to be protected from personal liability. The legal institution of a corporation, whose existence and operation is entirely enabled by law, is found in every…
The role of human rights in foreign policy
Journal Article The role of human rights in foreign policy Get access The role of human rights in foreign policy. By Peter R. Baehr. London: Macmillan. 1994. 210pp. Index. £35.00. ISBN 0 333 58819 3. Robert McCorquodale Robert McCorquodale 1St John's College, University of Cambridge Search for other works by this author on: Oxford Academic Google Scholar International Affairs, Volume 71, Issue 2, April 1995, Page 363, https://doi.org/10.2307/2623…
Self-Determination: A Human Rights Approach
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
South Africa and the Right of Self-Determination
(1994). South Africa and the Right of Self-Determination. South African Journal on Human Rights: Vol. 10, No. 1, pp. 4-30
The role of human rights in foreign policy
Journal Article The role of human rights in foreign policy Get access The role of human rights in foreign policy. By Peter R. Baehr. London: Macmillan. 1994. 210pp. Index. £35.00. ISBN 0 333 58819 3. Robert McCorquodale Robert McCorquodale 1St John's College, University of Cambridge Search for other works by this author on: Oxford Academic Google Scholar International Affairs, Volume 71, Issue 2, April 1995, Page 363, https://doi.org/10.2307/2623…
Tibet: The Position in International Law. Report of the Conference of International Lawyers on Issues Relating to Self-Determination and Independence For Tibet, London, 6-10 January 1993
VRÜ Verfassung und Recht in Übersee , Seite 267 - 268
Globalization and Human Rights
Globalization and Human Rights* Robert McCorquodale (bio) and Richard Fairbrother (bio) I. Introduction An advertising campaign by the McDonald's food corporation in the late 1990s showed images of Russian soldiers and American grandfathers, young Mexican women and Australian Aboriginal children, all celebrating the thing they share in common: a love of McDonald's food. According to the advertisement: "everyone around the world is saying 'It's Ma…
Taking Off the Blindfolds: Torture by Non-State Actors
Robert McCorquodale, Rebecca La Forgia; TAKING OFF THE BLINDFOLDS: TORTURE BY NON-STATE ACTORS, Human Rights Law Review, Volume 1, Issue 2, 1 October 2001
Pushing Back the Limitations of Territorial Boundaries
This article offers some critiques of the dominant approaches in international law to dealing with territorial boundaries. It demonstrates that these approaches are largely trapped within the framework of nineteenth-century colonial concepts. As a consequence, the international legal system - which is still largely constructed on ideas of a certain type of territorial sovereignty - recreates and affirms the dispositions by colonial powers, it pri…
An Inclusive International Legal System
The dominant international legal theories are based on an understanding of international law in terms of a solely state-based system. This article challenges those theories in the context of the practice of the participants in the international legal system. It proposes an inclusive conceptual approach which acknowledges that non-state actors have distinct and independent international rights, responsibilities, and abilities to bring claims, as w…
Economic, Social, and Cultural Rights in Action
On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to protect a range of important economic, social, and cultural rights. Forty years later the vast majority of States have ratified this treaty. Despite this history, there remains considerable debate, both within the literature and within the international …
The Creation of States in International Law
Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law
States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritori…
Human Rights Obligations of Non‐State Actors by Andrew Clapham
Th Anniversary of the British Institute of International and Comparative Law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Pluralism, global law and human rights: Strengthening corporate accountability for human rights violations
Though a Rothschild you may be, in your own capacity,As a Company you’ve come to utter sorrow,But the liquidators say, ‘Never mind – you needn’t pay’,So you start another Company Tomorrow!Corporations as legal entities were created by states mainly to assist individuals to combine capital and to be protected from personal liability. The legal institution of a corporation, whose existence and operation is entirely enabled by law, is found in every…
Waving Not Drowning: Kiobel Outside the United States
Access to an effective remedy is part of the third pillar of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles). It should require states to provide access to judicial remedies for human rights violations, even those that have occurred outside the territory of the state by a corporation domiciled in that state, especially where claimants “cannot access [their] home State courts regardless of the merits of the …
Defining the International Rule of Law: Defying Gravity
This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can be applied to the international system. This definition of the international rule of law is not dependent on a simplistic application of a national rul…
Human Rights
Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises
This article considers the practices of companies worldwide in attempting to implement human rights due diligence (HRDD) as envisaged by the Guiding Principles on Business and Human Rights. Based on empirical research conducted through surveys and interviews, it analyses corporate practices in this area. It examines the responses of companies with reference to the core elements of implementing HRDD: identifying actual or potential human rights im…
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Rejoinder to John Gerard Ruggie and John F. Sherman, III
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
Due diligence is at the heart of the United Nations Guiding Principles on Business and Human Rights, which establish the main parameters internationally for considering corporate responsibility for human rights violations. However, the Guiding Principles invoke two different concepts of due diligence: the first is a process to manage business risks and the second is the standard of conduct required to discharge an obligation. In this article, we …
Sources and the Subjects of International Law: A Plurality of Law-Making Participants
This chapter explores the range of participants involved in international law-making, including corporations, non-State armed groups, and non-governmental organizations, in addition to States and international organizations. The approach taken in this chapter is that of global legal pluralism, which recognizes that there can be multiple actors participating in a legal system to create law, and which accepts disparities in powers. In addition, the…
Responsible Business Conduct and State Laws: Addressing Human Rights Conflicts
The business and human rights framework is based on pillars in which states should act to protect against the human rights impacts of business enterprises and the business enterprises should act in ways that do not lead to human rights impacts. Yet there is a gap in this framework in situations where a business enterprise may be willing to act but faces challenges in doing so due to the laws and practices of a state in which it operates. This int…
Human rights due diligence in global supply chains: Evidence of corporate practices to inform a legal standard
Human rights due diligence in supply chains is increasingly important for companies, as mandatory due diligence standards are being drafted and considered in domestic jurisdictions, at the European Union level and in an international treaty negotiation process. In applying a legal standard of care for human rights due diligence, a core consideration will be what can reasonably be required of a company in a supply chain. Yet evidence of companies’…
Territorial Integrity and Consent in the Chagos Advisory Opinion
A key element of the right to self-determination is territorial integrity. This has usually been considered solely in relation to the territorial integrity of an existing State seeking to resist claims by peoples for the right to self-determination. Yet the Chagos Opinion by the International Court of Justice examines a different type of territorial integrity—that of the colonial territory itself. This article explores the consequence of the Cour…
Social Justice: From God to Corporation
While ‘social justice’ is a recent concept, its origins lie in a 13th century theologian, who, through an Italian Jesuit, inspired a 19th century Pope. From there it has moved to the secular realm and jurisprudential reasoning, and tried to leap from national society to international society. It has become linked internationally to human rights obligations, where it has had a mixed influence. Within all these developments, the definitions of soci…
Political science (24 works) · Law (20 works) · Law (15 works) · Human rights (13 works) · International Law and Human Rights (13 works) · Law and economics (13 works) · Sociology (12 works) · Computer Science (8 works) · Corporate Law and Human Rights (8 works) · Economics (8 works)