Corporate Social Responsibility and International Human Rights Law

2009 ◽  
Vol 87 (S2) ◽  
pp. 385-400 ◽  
Author(s):  
Robert McCorquodale
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Corporate Social

scholarly journals The Modern-Day Impact of Cultural and Religious Diversity: "Managing Family Justice in Diverse Societies"

2017 ◽  
Vol 17 (1) ◽  
pp. 552
Author(s):  
Christa Rautenbach
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Extractive Industries ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Raising Awareness ◽  
Transnational Companies ◽  
International Human ◽  
Corporate Social

 Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.

Integrating human rights in emerging regulation of Corporate Social Responsibility: the EU case

2011 ◽  
Vol 7 (2) ◽  
pp. 139-179 ◽  
Author(s):  
Karin Buhmann
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Multi Stakeholder ◽  
Corporate Social ◽  
The Eu

AbstractThis article analyses the EU Commission's policy-based approach to regulating Corporate Social Responsibility (CSR) and the role of international human rights law as a normative source for the regulatory output in two initiatives launched in 2002 and 2006. The article argues as a starting point that the understanding of CSR as ‘beyond law’ tends to shroud the contributions that international human rights law and legal theory based regulatory technique lend to CSR normativity and regulation, not only outside the EU but also within. The EU experience shows that due to power relations and their impact on multi-stakeholder negotiations and their outcome, this potential does necessarily unfold. It also shows that the procedural design of reflexive multi-stakeholder regulatory processes is significant for bringing forth the normative contributions of international law to CSR in public–private regulation. Finally, the article suggests that within the public policy context in which EU CSR regulation is emerging, the normative role of international human rights law which the Commission suggests for CSR in Europe and the application of the reflexive regulatory technique contribute to a substantive as well as procedural juridification of CSR, especially in the formative stage of defining CSR normativity. The latter adds a significant new perspective to the understanding of CSR and its relation to law, although it need not conflict with the understanding of CSR being ‘voluntary’ in the sense of action beyond direct legal obligations.

scholarly journals Reflections on how to Address the Violations of Human Rights by Extractive Industries in Africa: A Comparative Analysis of Nigeria and South Africa

2017 ◽  
Vol 17 (1) ◽  
pp. 519
Author(s):  
Serges Djoyou Kamga ◽  
Ogehcukwu O Ajoku
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Extractive Industries ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Transnational Companies ◽  
International Human ◽  
Corporate Social

Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.

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