Responsible Business Conduct and State Laws: Addressing Human Rights Conflicts

ABSTRACT The business and human rights framework is based on pillars in which states should act to protect against the human rights impacts of business enterprises and the business enterprises should act in ways that do not lead to human rights impacts. Yet there is a gap in this framework in situations where a business enterprise may be willing to act but faces challenges in doing so due to the laws and practices of a state in which it operates. This international framework nevertheless places an expectation on businesses that they should still respect international human rights law as far as possible in these circumstances. No methods are offered for how this can be done in any coherent manner. This makes it very difficult for business enterprises, regulators and civil society to determine the type of compliance required. In this article, we explore this gap in the international framework and, based on empirical research, offer ways in which it can be closed. We propose a typology to assist in understanding the different conflicts between business practices and state laws that may occur, and recommend methods as to how to deal with these conflicts.

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COVID-19, Business, and Human Rights

International Community Law Review ◽

10.1163/18719732-23050002 ◽

2021 ◽

Vol 23 (5) ◽

pp. 433-449

Author(s):

Surya Deva

Keyword(s):

Human Rights ◽

Full Range ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Economic Problems ◽

Business And Human Rights ◽

Starting Point ◽

Good Starting Point ◽

International Human

Abstract COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised by the UN Guiding Principles on Business and Human Rights is “fit for the purpose” to deal with the COVID-19 crisis. I argue that while the UNGPs’ framework provides a good starting point, it is inadequate to bring transformative changes to overcome deep-rooted socio-economic problems exposed by this pandemic. Realising human rights fully would not only require harnessing the potential of states’ tripartite obligations, but also move beyond limiting the responsibility of businesses to respect human rights.

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Development of International Human Rights Law in Business and Human Rights: Clarity and Effectiveness as 'Norms of Conduct' for Companies

Impact ◽

10.21820/23987073.2021.3.38 ◽

2021 ◽

Vol 2021 (3) ◽

pp. 38-40

Author(s):

Emi Sugawara

Keyword(s):

Human Rights ◽

Associate Professor ◽

Theory And Practice ◽

International Human Rights Law ◽

Human Rights Law ◽

Global Business ◽

International Human Rights ◽

Human Rights Abuses ◽

Business And Human Rights ◽

International Human

Businesses have a significant impact on the lives of their employees, consumers and local people, and it is important that their rights are protected. That is why there are laws in place to this effect. However, despite such laws, stakeholders' rights and freedoms are not always respected, and in some countries, these laws don't exist at all, which is why the UN Guiding Principles on Business and Human Rights addresses human rights abuses committed in global business operations. But there remains a gap between the theory and practice of business and human rights. Associate Professor Emi Sugawara, Osaka University of Economics and Law, Japan, is seeking to bridge this gap. To this end, her team of frontline researchers of international human rights is working to reassess clarity and effectiveness of international human rights law as 'norms of conduct' for companies through a theoretical consideration. Ultimately, the researchers want to fill knowledge gaps related to business and human rights and influence Japanese society, effecting positive change.

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