Toward a Corporate Duty for Lead Companies to Respect Human Rights in Their Global Value Chains?

2020 ◽  
Vol 22 (4) ◽  
pp. 667-697 ◽  
Author(s):  
Claire Bright ◽  
Axel Marx ◽  
Nina Pineau ◽  
Jan Wouters
Keyword(s):  
Human Rights ◽  
Corporate Responsibility ◽  
Case Law ◽  
Global Value Chains ◽  
Value Chains ◽  
Business Partners ◽  
Business And Human Rights ◽  
Social License To Operate ◽  
Social License ◽  
High Level

AbstractThe corporate responsibility to respect human rights was formally introduced in 2011 with the unanimous endorsement of the UN Guiding Principles on Business and Human Rights (UNGPs) by the UN Human Rights Council. It is grounded in social expectations and forms part of the companies' “social license to operate.” This paper argues that this responsibility is progressively turning into a legal duty for lead companies to respect human rights in those types of value chains which are characterized by a high level of control by a lead company over its business partners. Our argument rests on two recent legal developments. Firstly, the article analyzes the judicialization of the corporate responsibility to respect in the case law on parent company liability in various jurisdictions, which, we argue, is highly likely to have some implications in relation to certain types of value chains so as to trigger the liability of lead companies for the human rights harms arising out of the activities of entities over which they exercise sufficient control. Secondly, the article delves into the legislative developments which increasingly require lead companies to exercise due diligence so as to prevent and address adverse human rights impacts in their own activities and global value chains.

scholarly journals Editorial – Business and human rights in global value chains

2019 ◽  
Vol 23 (4) ◽  
pp. 337-345 ◽  
Author(s):  
Karin Buhmann ◽  
Mark B Taylor ◽  
Elisa Giuliani
Keyword(s):  
Human Rights ◽  
Global Value Chains ◽  
Value Chains ◽  
Business And Human Rights

Breaching the Interpretative Wall between Private and Public Commercial Contracts

2020 ◽  
Vol 16 (4) ◽  
pp. 511-532
Author(s):  
Maria Edith Lindholm Gausdal
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Global Value Chains ◽  
Value Chains ◽  
The Public ◽  
Private And Public ◽  
Business To Business ◽  
Public Contract ◽  
Actual Fusion

AbstractFrom a purely contractual perspective, this article reflects upon labour standard clauses with the objective to ensure that the fundamental ILO conventions and the International Bill of Human Rights are complied with throughout global value chains in respectively business-to-business (private), and public commercial contracts. The clauses are in both settings based widely on the same standards; however scholarship on the two types of contracts has been quite separate. The article reviews some Scandinavian case law concerning labour standard clauses and procurement regulation. It finds that contractual argumentation supported the outcome in these cases, isolates this argumentation, and reflects on whether contractual perspectives on the public contract might inspire current research on private contracts. It finally argues that an actual fusion is already taking place, wherefore contract lawyers may play an important role as to whether ‘the interpretative wall’ should be breached, or whether this is not feasible due to the distinctive characteristics of each contract.

From Voluntary to Obligatory

2021 ◽  
pp. 259-324
Author(s):  
Erika George
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
Business Practices ◽  
Social License To Operate ◽  
Social License ◽  
Regulation Strategies ◽  
Multistakeholder Initiatives ◽  
Human Rights Standards ◽  
Industry Sectors ◽  
Rights Issues

This chapter examines what corporations say they are doing to address human rights risks presented by particular business practices in particular contexts. It offers an overview of the different strategies being used by transnational business enterprises to respond to concerns expressed by investors, consumers, and affected communities. Among the self-regulation strategies used by businesses examined are participation in multistakeholder initiatives designed to address human rights issues, human rights impact assessments, audits and certifications, supply chain contract provisions, and corporate responses to ratings and reports by concerned stakeholder constituencies. The chapter presents the findings of a discourse analysis of codes created by competing corporations in selected industry sectors assessing over time the extent to which codes incorporate reference to human rights standards and refer to emerging self-regulation strategies. Corporate responses to allegations of complicity in abuse are analyzed. The chapter argues that the discursive frame asserted by corporate responsibility incorporating rights increasingly treats voluntary norms as obligatory to maintaining a “social license” to operate.

Creating a Human Rights Framework for Mapping and Addressing Corporate Tax Abuses

2019 ◽  
pp. 385-408
Author(s):  
Matti Kohonen ◽  
Radhika Sarin ◽  
Troels Boerrild ◽  
Ewan Livingston
Keyword(s):  
Risk Assessment ◽  
Human Rights ◽  
Two Dimensions ◽  
The State ◽  
Due Diligence ◽  
Corporate Personhood ◽  
Business Partners ◽  
Business And Human Rights ◽  
Corporate Decisions ◽  
Human Rights Due Diligence

This chapter identifies several areas of convergence between the fields of tax policy and human rights. These include the concept of the corporation as a unitary entity; the notion of extraterritorial impacts and obligations of states and corporations; and the risks of corporate personhood. These principles are all highly relevant to corporations’ human rights due diligence and risk assessment of their tax policies. Applying a business and human rights perspective to international tax law can clarify responsibilities of companies toward their other stakeholders as well as their relationship with subsidiaries and business partners in terms of responsible tax conduct. The chapter then explores two dimensions of the human rights impacts of tax-related corporate decisions: impacts mediated by the state and impacts not mediated by the state.

scholarly journals Uncertain Certainty?: Making Sense of the European Court of Human Rights’ Standard of Proof

2019 ◽  
Vol 8 (2) ◽  
pp. 155-187
Author(s):  
Christine Bicknell
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Detailed Examination ◽  
Reasonable Doubt ◽  
Standard Of Proof ◽  
Making Sense ◽  
European Court ◽  
Single Standard ◽  
High Level

The European Court of Human Rights (ECtHR) declares a single standard of proof (‘SoP’): proof beyond reasonable doubt (‘brd’). Yet the accuracy of this claim and the threshold’s appropriateness have both been challenged. This article uniquely considers and clarifies the Court’s interpretation and application of its SoP. Demonstrating SoP is capable of both broad and narrow interpretations, it shows the Court interprets SoP only narrowly. This understanding confirms brd as the applicable standard, whose use is then considered through detailed examination of the case law. The analysis shows that although the Court’s conception and approach to brd necessarily accommodate some doubt, violations are found with a consistently high level of certainty. There is however, a striking inconsistency in references made to the Rules of Court. Moreover, the Rules do not fully capture the Court’s approach. Addressing this, as the article proposes, would strengthen both the consistency and legitimacy of relevant decisions.

scholarly journals Corporate responsibility reporting in promoting social license to operate in forestry and sawmilling industries

2016 ◽  
Vol 89 (5) ◽  
pp. 525-541 ◽  
Author(s):  
Katja Lähtinen ◽  
Anne Toppinen ◽  
Mirja Mikkilä ◽  
Matti Toivio ◽  
Olli Suur-Uski
Keyword(s):  
Corporate Responsibility ◽  
Social License To Operate ◽  
Social License

Intersectionality and Corporate Responsibility: Missing Voices in Global Value Chains

2020 ◽  
Vol 2020 (1) ◽  
pp. 11704
Author(s):  
Tania Jain ◽  
Lauren McCarthy ◽  
Fahreen Alamgir ◽  
Suparna Chatterjee ◽  
Kate Grosser ◽  
...  
Keyword(s):  
Corporate Responsibility ◽  
Global Value Chains ◽  
Value Chains

Exploring care home providers’ public commitments to human rights in light of the United Nations Guiding Principles on Business and Human Rights

2017 ◽  
Vol 19 (6) ◽  
pp. 357-367 ◽  
Author(s):  
Caroline Emmer De Albuquerque Green
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Corporate Responsibility ◽  
Qualitative Content Analysis ◽  
Care Home ◽  
Added Value ◽  
Content Type ◽  
Business And Human Rights ◽  
Guiding Principles ◽  
The United Nations

Purpose The purpose of this paper is to explore care home providers’ public communications covering their commitments to respecting residents’ the human rights. The discussion considers the United Nations guiding principles on business and human rights United Nations Guiding Principles on Business and Human Rights (UNGPs) and a domestic legal and regulatory human rights framework. Design/methodology/approach Qualitative content analysis undertaken in 2017 of 70 websites of England’s largest commercial care home providers. Findings There are strong value-based public commitments in the websites of many English care home providers, which may or may not be interpreted as expressing their commitments to human rights. Research limitations/implications Research was limited to websites, which are public facing and marketing tools of care home providers. This does not provide inferences regarding the practical implementation of value-based statements or human-rights-based procedures or policies. This paper does not make any value judgements regarding either the public communications of care home providers or normative claims regarding human rights and care home service provision. Practical implications There is a need for clarification and debate about the potential role and added value of the corporate responsibility to respect human rights and the UNGPs’ operating principles within the English residential care sector. Further exploration of the relationship between personalisation/person-centred care and human rights might be useful. Originality/value This paper introduces the UNGPs and corporate responsibility to respect human rights to the debate on human rights, personalised/person-centred care, safeguarding and care homes in England. It adds a new perspective to discussions of the human rights obligations of care home providers.

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