Traduction de «directeur juridique droit international » (Français → Anglais) :

17. Stresses that EU Member States have a duty under international and European human rights law to ensure that companies operating within their jurisdiction do not cause or contribute to human rights abuses, directly or indirectly, through their business activities and that they act in line with adopted codes of conduct detailing social and environmental performance standards, as well as instruments such as ILO Convention 169, the ...[+++] OECD Guidelines for Multinational Enterprises and the Guiding Principles of the United Nations on Business and Human Rights; calls on the Commission and the Member States to take legally binding measures to effectively hold accountable companies that have been proven to circumvent national laws and international treaties;

8. Warns against developing a policy of double standards regarding the rights and obligations of corporations; calls on the Commission actively to promote corporate social and environmental responsibility (based on international standards such as the OECD Guidelines for Multinational Enterprises and the United Nations Global Compact), in order to permit effective monitoring of the impact – social, environmental and in terms of respect for human rights – of the operations of transnational undertakings and their subsidiaries in develop ...[+++]ing countries; notes the Commission’s approach based on the idea that corporations’ obligations should not be legally binding but should remain voluntary under a code of conduct; takes the view that corporations must be obliged to respect international and domestic law, must be held accountable where they are found to be in breach, and must publish up-to-date reports of their activities, including any lack of progress;

Lt-Colonel Dominic McAlea, Director of Law International, Office of the Judge Advocate General.

Lieutenant Colonel Dominic McAlea, Director of Law, International Law, Office of the Judge Advocate General.

This is also how Community law is supposed to have arisen and, according to the traditional approach to international law, how its validity is supposed to take precedence over national law, either by virtue of transposition by a national implementing law (in the system known as 'dualism') or, ipso iure, as higher-ranking international law (what is known as 'monism').This report starts from the assumption of qualified monism. According to the prevailing doctrine of the primacy of the international legal order, one of the norms obtained by custom and conviction constitutes the basis for the validity of the legal orders of individual States ...[+++]. The latter are subordinate to international law by virtue of the context in which they come into being. Another one of the principles obtained from the basic norm 'custom and conviction create international law' is that international treaties (in other words, non-customary sources of law) must be complied with ('pacta sunt servanda'). Under another principle of international law, the law of States, which are conceived as the primary subjects of international law, is left essentially untouched by international law and that each of those States is itself competent to regulate the validity and scope of international law within its domestic sphere of influence and that States are entitled to develop their domestic sphere of influence inwards.

Lt-Colonel Dominic McAlea, Director of Law International, Office of the Judge Advocate General.