BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

This book differs from many other publications on business and human rights at least in two important points. First, it addresses the topic not only from the point of view of international law but also from constitutional, European and comparative perspectives. Indeed, the topic of business and human rights is a multi-facet problem. It includes various aspects of public and private law. Second, this book aims at discussing the relevant issues of business and human rights on the basis of the existing law (lex lata), both international and internal, and its interpretation by international and national judicial bodies. It does not intend to develop abstract ideas on the possible international legal personality of transnational corporations and other business entities. Those ideas are very challenging in theory and very difficult for implementation in practice. Neither the book wants to comment on preliminary drafts of a UN treaty on transnational corporations and other business enterprises with respect to human rights, which seems to be the project with an uncertain end that has already caused a sharp division between developing countries and developed countries. The chapters are divided into six parts: starting from the international law framework (I.), going to human rights challenges (II.), constitutional framework of national implementation of principles on business and human rights (III.), the concept of Corporate Social Responsibility and implications in labour law (IV.), to the issues of business and human dignity (V.), and business and human rights in information society (VI.). On the Czech side, the authors are mostly professors and junior collaborators (researchers and PhD. candidates) of the Research Centre for Human Rights (UNCE), being specialists in international law, European law, constitutional law, but also other fields of public and private law, including civil law, and labour law. While they work in different departments of the Faculty of Law, they share the interest in human rights protection. On the Brazilian side, most of the authors, in particular Professor Mozetic, Professor Baez, Professor Nery da Silva and Professor Strapazzon, come from the University of West Santa Catarina, some others are fellows of other academic institutions in Brazil. They also cover a wide range of fields in public and private law, including constitutional law, civil law, social law, and the legal aspects of Internet and information society. In spite of different perspectives of the Brazilian and Czech authors, the book aims at presenting their views on various aspects of human rights in business activities. Both Brazil and the Czech Republic are more than just emerging markets that feature a very dynamic economic growth. For over 25 years, they have been new democratic states, attached to the rule of law and human rights. Taking human rights seriously means to streamline them into all legal branches in our countries, as well as in both vertical and horizontal relations. The book has benefited from the reviews by Prof. Dr. Mahulena Hofmannová, as well as from the very careful technical proofreading by Mr. Charles Bird, J.D., LL.M. We would like to sincerely thank them on behalf of all of the co-authors. Prague – Joaçaba, November 2018

Professor JUDr. Pavel Šturma, DrSc. Professor Dr. Vinícius Almada Mozetic

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