submission-of-the-child-rights-information-network-crinon-the-united-nations-special-representative-of-the-secretary-general-on-transnational-corporations-and-other-business-enterprises-draft-guiding-principles

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.


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.


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.


The United Nations Secretary-General and the United Nations Security Council spend significant amounts of time on their relationship with each other. They rely on each other for such important activities as peacekeeping, international mediation, and the formulation and application of normative standards in defense of international peace and security—in other words, the executive aspects of the UN’s work. The edited book The UN Secretary-General and the Security Council: A Dynamic Relationship aims to fill an important lacuna in the scholarship on the UN system. Although there exists an impressive body of literature on the development and significance of the Secretariat and the Security Council as separate organs, an important gap remains in our understanding of the interactions between them. Bringing together some of the most prominent authorities on the subject, this volume is the first book-length treatment of this topic. It studies the UN from an innovative angle, creating new insights on the (autonomous) policy-making of international organizations and adding to our understanding of the dynamics of intra-organizational relationships. Within the book, the contributors examine how each Secretary-General interacted with the Security Council, touching upon such issues as the role of personality, the formal and informal infrastructure of the relationship, the selection and appointment processes, as well as the Secretary-General’s threefold role as a crisis manager, administrative manager, and manager of ideas.


2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.


1950 ◽  
Vol 4 (2) ◽  
pp. 356-360

The primary difficulty in the current question of the representation of Member States in die United Nations is that this question of representation has been linked up with the question of recognition by Member Governments.It will be shown here that this linkage is unfortunate from the practical standpoint, and wrong from the standpoint of legal theory.


1972 ◽  
Vol 2 (4) ◽  
pp. 23-26
Author(s):  
Louise W. Holborn

While the world press has focused over the past year on problems surrounding the creation of still another refugee population in Africa — that of Uganda's Asians — far too little attention has been directed to the remarkable though still fragile process of repatriation and resettlement of hundreds of thousands of Southern Sudanese. This population of displaced persons includes both refugees who fled to other countries and large numbers of homeless who hid in the bush during the civil war that wracked the Sudan for seventeen years, from 1955 through the first months of 1972. Responding to the initiatives of President Gaafar al-Nimeiry of the Sudan, the United Nations High Commissioner for Refugees (HCR), under an explicit mandate from the Secretary- General of the United Nations, has been raising funds, organizing activities on behalf of the most pressing needs and working closely with all local interests to meet overwhelming problems.


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