The supranational corporation : beyond the multinationals / by Laura Westra.
2013
K1315 .W47 2013 (Map It)
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Details
Author
Title
The supranational corporation : beyond the multinationals / by Laura Westra.
Published
Leiden : Brill, 2013.
Call Number
K1315 .W47 2013
ISBN
9789004249103 (hbk. ; alk. paper)
9004249109 (hbk. ; alk. paper)
9789004252721 (e-book)
900425272X (electronic bk.)
9789004252721 (electronic bk.)
9004249109 (hbk. ; alk. paper)
9789004252721 (e-book)
900425272X (electronic bk.)
9789004252721 (electronic bk.)
Description
xiii, 205 pages ; 25 cm.
System Control No.
(OCoLC)830646798
Bibliography, etc. Note
Includes bibliographical references (pages 185-194) and index.
Record Appears in
Table of Contents
Foreword / Richard Westra
xi
Introduction
1
1.
Corporation: From the "Original Sin" (Santa Clara) to Right of Personhood (Roe)
5
Introduction
5
Corporation: Natural versus Juridical Personhood
8
Fetal Personhood and the Law Before and After Roe
11
Some Further Arguments Regarding the Right to Life of the Preborn in Common Law
12
Arguments about the Possible Introduction of "Human Life Amendments" into Law
15
Personhood and its Problems
18
Personhood as "Categorization" not "Recognition": the Source of Corporate Power
21
2.
Corporation: Controlling Public Health and Other Basic Rights
25
Individuals and the Corporation
25
Corporate Activities and their "Toxic Trespass"
29
Pulp and Paper Mills and Mercury Poisoning: The Canadian Case of Grassy Narrows and White Dog
30
Central and South American Cases: Attacks on Health through Mining and Extractive Industries
32
Brief Overview of the Constitutional Protection Available for the Environment in Colombia and Ecuador
37
Corporate Agribusiness and Health
40
Corporate Crime as Human/Animal Oppression
41
From Big Tobacco to the Framework Convention on Tobacco Control
44
Corporation and Its Internal Stakeholders
48
Concluding Thoughts
55
3.
Corporation and the State: A Question of Power
59
Introduction
59
"Corporate Clout" in a Lawless World
61
Existing International Laws for State and Corporate Responsibility
62
Corporation as a "Quasi-State"
65
State and the Corporation: Responsibility and Complicity
67
Jus Cogens and the Effects of Corporate Activities
71
Impunity of Corporate Criminals and the State
73
Corporate Impunity and "Imperial Plunder"
75
National Lawyers Guild International Committee
76
Corporate/State Crime and Third States Obligations
79
Corporate Power and Cosmopolitan Democracy
83
Corporations, the State and the "Two Constitutions"
84
4.
Corporation as Criminal
87
Introduction: External Stakeholders
87
Norms to Restrain Corporate Harms: "Gaps" or Structural Violence?
89
Corporate Forward March: From Weedkillers and "Super Insects"
93
Pesticides Beyond Agriculture: Corporate Power and Chemical Warfare
98
Colonization, Genocide and War Crimes: Germany and the Herero People
101
Complicity and Responsibility from Nuremberg to Vietnam
103
Corporation as Criminal: Internal Stakeholders
104
Corporation as Criminal: Asbestos Imposes Direct and Indirect Harm
109
Concluding Thoughts
111
5.
Corporation as a Supranational Power: The European Union
115
Introduction
115
Europe's Revolt and Resistance to Corporate Power: Theory and the Law
117
Revolt and Resistance to Corporate Power in Practice
122
Criminal Precedents and Corporate Disaster in Hungary
126
Bayer's Criminal Precedents: Unacknowledged Dangers
127
Corporate Power and the "European Dream" in Conflict
129
Roots of "Europe, Inc." in the American Dream
132
Corporate Responsibility under ATCA
137
Corporate Criminality, Fitness to Rule and "Tempering Globalization"
139
Corporations are Unfit to Hold Their Present Ruling Position
141
6.
Corporation as a Supranational Power
145
Introduction
145
Climate Change and Corporate Culpability
148
Climate Change and State Corporate Relations
150
"Nature's Trust" Against the Power of Drones and Caterpillars
153
Corporate Complicity in Attacks Against the Right to Life
155
Legal Versus Natural Persons
160
New Supranationalism and Corporate Attacks on Civil and Political Rights: The EU and the US on Conflicting Trajectories
164
Europe's Protection of Human Rights Against Multinationals
165
United States and the Reach and Limits of Supranational Power
167
Supranational Corporate Power and Post-National Citizenship
170
From Local to Global Citizenship Against Corporate Power: The Occupy Movement
174
Concluding Thoughts
176
Appendix I
Cases
181
Appendix II
Documents
183
References
185
Index
195