The Accountability of Multinational Corporations for Human Rights Violations: A Critical Analysis of Select Mechanisms and Their Potential to Protect Economic, Social and Cultural Rights in Developing Countries

2009 ◽  
Author(s):  
Kenneth Paul Kinyua
2019 ◽  
Vol 15 (2) ◽  
pp. 119-124
Author(s):  
Léna Masson

Purpose The purpose of this paper is to pursue the dialogue on the global firms’ regulation vis-à-vis human rights and labor standards in developing countries. Design/methodology/approach Locke’s book The Promise and Limits of Private Power is analyzed and discussed with respect to more recent global regulation literature and mechanisms. Findings Locke advocates that private voluntary regulation has to be combined with local laws in developing countries to fully enforce labor standards and workers’ rights. In light of recent changes, the interesting model proposed by Locke shows some weaknesses. Originality/value To enforce labor standards and workers’ rights in developing countries, the author argue that governments in developed countries need to be seen as major players in multinational corporations (MNCs) regulations. But above all, the economic model needs to be questioned.


2009 ◽  
Vol 17 (1) ◽  
pp. 23-63 ◽  
Author(s):  
Wouter Vandenhole

AbstractSeveral provisions of the Convention on the Rights of the Child contain references to international cooperation, sometimes in combination with a reference to the needs of developing countries. This article explores whether these references, in light of the interpretation given by the Committee on the Rights of the Child and of other human rights treaties which contain similar wording (in particular the International Covenant on Economic, Social and Cultural Rights and the Disability Convention), amount to a legal obligation to cooperate internationally for development in the field of economic, social and cultural rights. While it is not possible to establish the existence of a legal obligation to provide development assistance in general – which would amount to an extraterritorial obligation to fulfil – legal obligations to respect and protect economic, social and cultural rights of children in third countries do apply. Moreover, the CRC Committee has clarified some specific obligations of fulfilment for donor countries, such as, amongst others, the allocation of 0,7 per cent of GDP to development assistance, and the adoption of a rights-based approach to development cooperation, in which children's rights are mainstreamed.


Author(s):  
Giovanni Farese

Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights mechanisms such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also discusses contemporary attempts by NGOs and other campaigning organisations to develop internationally agreed sustainable development goals (SDGs) and to promote the recognition and realisation of universal socio-economic rights globally.


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