The UN Norms for Transnational Corporations

2003 ◽  
Vol 16 (4) ◽  
pp. 795-802 ◽  
Author(s):  
DETLEV F. VAGTS

The proposed draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights addressed to transnational corporations are making their way through the human rights channels in the United Nations. A previous effort in the United Nations failed twenty years ago. The Norms would urge those firms to adhere to a long list of treaties on the environment, labour standards, human rights, and the like. They would enter into a field already occupied by numerous principles and guidelines generated by many different institutions with varying degrees of authority. The addition of these norms to that corpus seems of marginal utility.

2015 ◽  
Vol 1 (1) ◽  
pp. 21-40 ◽  
Author(s):  
Upendra BAXI

AbstractThis article addresses human rights responsibilities of multinational corporations (MNCs) in the light of what I describe as the four Bhopal catastrophes. More than thirty years of struggle by the valiant violated people to seek justice is situated in the contemporary efforts of the United Nations to develop a new discursivity for human rights and business—from the Global Compact to the Draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, the Guiding Principles on Business and Human Rights, and the more recent process to elaborate a legally-binding international instrument.


The article focuses on the functioning of the international universal institutional mechanism for the protection of human rights in business sphere. The importance of the statutory bodies of the United Nations, the officials who are empowered to make decisions on many issues related to a wide range of subjects of international legal relations, including the protection of human rights in business sphere, is emphasized, in particular: the General Assembly, the Economic and Social Council, the Security Council, the Secretary-General. The role of the Human Rights Council as a body of the United Nations, which is responsible for promoting the universal respect for human rights and fundamental freedoms, in the creation of specialized, narrow-profile human rights protection structures in business sphere has been defined. The powers of the Special Representative of the Secretary-General on Human Rights and transnational corporations and other business enterprises have been described, with an emphasis on the significance of “Protect, respect and remedy” framework proposed by him. The attention is paid to the Working Group on the issue of human rights and transnational corporations and other business enterprises. The importance of the UN Forum on Business and Human Rights as a dialogue center for the cooperation on business and human rights issues is highlighted. The emphasis is placed on the mandate of the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, which provides the development of a legally binding instrument for regulating the activities of transnational corporations and other business enterprises in international human rights law. It is emphasized on the tasks performed by the Office of the United Nations High Commissioner for Human Rights in business and human rights issues, and its cooperation with specialized bodies in this area; its role in the promotion and implementation of the Guiding Principles on Business and Human Rights is highlighted.


2018 ◽  
Vol 60 (1) ◽  
pp. 575-606
Author(s):  
Michelle Staggs Kelsall

This article considers the emergence of the Business and Human Rights agenda at the United Nations (UN). It argues that the agenda can be seen as an example of the UN Human Rights Council attempting to institutionalise everyday utopias within an emerging global public domain. Utilising the concept of embedded pragmatism and tracing the underlying rationale for the emergence of the agenda to the work of Karl Polanyi, the article argues that the Business and Human Rights agenda seeks to institutionalise human rights due diligence processes within transnational corporations in order to create a pragmatic alternative to the stark utopia of laissez-faire liberal markets. It then provides an analytical account of the implications of human rights due diligence for the modes and techniques business utilises to assess human rights harm. It argues that due to the constraints imposed by the concept of embedded pragmatism and the normative indeterminacy of human rights, the Business and Human Rights agenda risks instituting human rights within the corporation through modes and techniques that maintain human rights as a language of crisis, rather than creating the space for novel, everyday utopias to emerge.


2017 ◽  
Vol 40 (3) ◽  
Author(s):  
Humberto Cantu Rivera

The idea of subjecting corporations to some sort of international obligation, particularly in the field of human rights, is not new; different processes and ways of doing this have been debated since the 1970s, when a proposed all-encompassing Code of Conduct for Transnational Corporations was pushed through the ranks of the United Nations (‘UN’) Commission on Transnational Corporations


1996 ◽  
pp. 69
Author(s):  
Editorial board Of the Journal

GENERAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed in resolution 217 A (III) of the General Assembly of the United Nations of 10.12.1948


2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.


Asian Survey ◽  
1992 ◽  
Vol 32 (3) ◽  
pp. 217-229 ◽  
Author(s):  
John M. Peek

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