Globalization and Exploitation: The End of an Era

International System ◽

Theory To Practice ◽

Regulatory Frameworks ◽

International Laws ◽

Conflicting Interests ◽

Distribution Of Power ◽

Naming And Shaming

With globalization and the changing distribution of power in the international system, non-state actors like Multinational Corporations (MNCs) have become very crucial players that need to be regulated by international laws, just as states are. However, the conflicting interests of business and human rights make it hard to regulate human rights violations by MNCs due to inadequate international mechanisms in place, which were not designed to apply to MNCs. This paper examines the inefficiencies of the current international regulatory frameworks and goes on to introduce “naming and shaming” of MNCs as an efficient method of regulation by explaining its impacts. Finally, it facilitates a transition from theory to practice, inspired by a project started by Social Justice Connection, an NGO located in Montreal. This further suggests a new international regulatory framework partnered with the World Trade Organization (WTO).

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

International and Comparative Law Review ◽

10.2478/iclr-2020-0007 ◽

2020 ◽

Vol 20 (1) ◽

pp. 153-179

Author(s):

Alessandro Suppa ◽

Pavel Bureš

Keyword(s):

Human Rights ◽

International Law ◽

Corporate Law ◽

International Economy ◽

Due Diligence ◽

Original Question ◽

Definition Of ◽

Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

NGO Strategies for Promoting Corporate Social Responsibility

Ethics & International Affairs ◽

10.1111/j.1747-7093.2002.tb00376.x ◽

2002 ◽

Vol 16 (1) ◽

pp. 71-87 ◽

Cited By ~ 65

Author(s):

Morton Winston

Keyword(s):

Human Rights ◽

Codes Of Conduct ◽

Legal Standards ◽

Voluntary Codes Of Conduct ◽

Financial Interests ◽

Corporate Social Accountability ◽

Naming And Shaming ◽

Corporate Social ◽

National Governments

This article describes and evaluates the different strategies that have been employed by international human rights nongovernmental organizations (NGOs) in attempting to influence the behavior of multinational corporations (MNCs). Within the NGO world, there is a basic divide on tactics for dealing with corporations: Engagers try to draw corporations into dialogue in order to persuade them by means of ethical and prudential arguments to adopt voluntary codes of conduct, while confronters believe that corporations will act only when their financial interests are threatened, and therefore take a more adversarial stance toward them. Confrontational NGOs tend to employ moral stigmatization, or “naming and shaming,” as their primary tactic, while NGOs that favor engagement offer dialogue and limited forms of cooperation with willing MNCs.The article explains the evolving relationship between NGOs and MNCs in relation to human rights issues and defines eight strategies along the engagement/confrontation spectrum used by NGOs in their dealings with MNCs. The potential benefits and risks of various forms of engagement between NGOs and MNCs are analyzed and it is argued that the dynamic created by NGOs pursuing these different strategies can be productive in moving some companies to embrace their social responsibilities. Yet, in order for these changes to be sustainable, national governments will need to enact enforceable international legal standards for corporate social accountability.

Business and Human Rights, from Theory to Practice and Law to Morality: Taking a Philosophical Look at the Proposed UN Treaty

Philosophy of Management ◽

10.1007/s40926-020-00150-0 ◽

2020 ◽

Author(s):

Ana-Maria Pascal

Keyword(s):

Human Rights ◽

Theory To Practice

Environmental Degradation and Human Rights Violation: A Cursory Overview of the Potential of the Existing Frameworks to Hold Multinational Corporations Accountable

Groningen Journal of International Law ◽

10.21827/grojil.9.1.143-173 ◽

2021 ◽

Vol 9 (1) ◽

pp. 143-173

Author(s):

Emmanuel Sarpong Owusu

Keyword(s):

Human Rights ◽

Corporate Culture ◽

Environmental Degradation ◽

Regulatory Mechanisms ◽

Complex Nature ◽

Secondary Sources ◽

Regulatory Frameworks ◽

International Court ◽

International Instruments

It has been reported that an estimated 100,000 multinational corporations (MNCs) account for about a quarter of the global gross domestic product (GDP), generating a turnover which exceeds, by leaps and bounds, the public budget of many countries. Unfortunately, the manner of operation of the ever-expanding MNCs appears to engender rampant environmental degradation and wanton human rights violations in host nations. Even though frameworks aiming to regulate the activities of these corporations are in place, the effectiveness of the said regulatory mechanisms has been vociferously challenged, time and again, by academics and experts across the globe. Drawing on a range of pertinent case law as well as secondary sources, this article attempts to critically explore, and navigate, the extent to which the existing regulatory frameworks have been effective in holding MNCs accountable for their environment and human rights-related transgressions. The article establishes that the extant regulatory mechanisms have, to some extent, however miniscule, helped to promulgate awareness and inculcate environmental and human rights issues into corporate culture. It, however, demonstrates that these frameworks are grossly inadequate owing to the complex nature of the MNCs, the overtly broad and obscure nature of the existing international instruments and the reeking corruption in domestic political and judicial institutions. It recommends the codification of binding documents, backed by adequate compliance mechanisms, and the creation of an International Court having special jurisdiction over all MNCs.

The Cambridge Companion to Business and Human Rights Law

10.1017/9781108907293 ◽

2021 ◽

Keyword(s):

Human Rights ◽

International Development ◽

Dispute Resolution ◽

Human Rights Law ◽

Business Law ◽

Business Operations ◽

Regulatory Frameworks ◽

Large Corporations

How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.

BISNIS DAN HAK ASASI MANUSIA: APA YANG DILAKUKAN ASEAN?

TANJUNGPURA LAW JOURNAL ◽

10.26418/tlj.v3i2.25708 ◽

2020 ◽

Vol 3 (2) ◽

pp. 107

Author(s):

Muhammad Insan Tarigan

Keyword(s):

Human Rights ◽

Southeast Asia ◽

Social Life ◽

Soft Law ◽

Long Time ◽

Protection Of Human Rights ◽

Guiding Principles ◽

Rights Issues

Multinational corporations (MNCs) are business actors who have activities beyond a country's boundaries. This MNCs activities cannot be denied to have an influence on human social life, one of them is human rights. With those regards, regulations at international level have difficulties, because MNCs have not been recognized as the subject of international law. Furthermore, in the context of human rights, MNCs cannot be held accountable, because in this case only the country as the duty bearer of human rights. These conditions make no rules that can bind MNCs behavior to human rights. This article will focus on discussing how the international community takes action on business and human rights issues and the measures that ASEAN can take to engage in business and human rights issues in Southeast Asia. Although, there are some international rules that are born from various international cooperation, but the nature of the rule is the majority of soft law. These business and human rights issues became the international community's attention for a long time until finally the United Nations (UN) Representative made UN Guiding Principles, which also known as Ruggie's Principles. Southeast Asia through AICHR can take several actions to advance the protection of human rights related to business activities as contained in UNGPs and Ruggie's principles, such as AICHR can undertake study literature, encourage Member States to take effective action, engage in dialogue and consultation with organs of ASEAN, community organizations, and other stakeholders, and create a binding legal instrument concerning business and human rights.Multinational corporations (MNCs) merupakan pelaku bisnis yang memiliki aktivitas melewati batas suatu negara. Kegiatan MNCs ini tidak bisa dipungkiri memiliki pengaruh terhadap kehidupan sosial manusia, salah satunya hak asasi manusia (HAM). Pengaturan di tingkat internasional mengalami kesulitan, karena MNCs belum diakui sebagai subjek hukum internasional. Kemudian dalam konteks HAM, MNCs tidak dapat dimintai pertanggungjawaban, karena dalam hal ini hanya negaralah sebagai pemegang kewajiban (duty bearer) HAM. Kondisi tersebut membuat tidak ada aturan yang mengikat perilaku MNc terhadap HAM. Artikel ini akan fokus mendiskusikan bagaimana masyarakat internasional mengambil tindakan terhadap permasalahan bisnis dan HAM serta langkah-langkah yang dapat dilakukan oleh ASEAN untuk ikut membicarakan bisnis dan HAM di Asia Tenggara. Meskipun, ada beberapa aturan internasional yang lahir dari berbagai kerjasama internasional, tetapi sifat dari aturan tersebut mayoritas soft law. Persoalan bisnis dan HAM ini menjadi perhatian masyarakat internasional dalam jangka waktu yang lama hingga pada akhirnya Perwakilan Bangsa-Bangsa (PBB) membuat UN Guiding Principles yang juga dikenal sebagai Ruggies Principles. Asia Tenggara melalui AICHR dapat melakukan beberapa langkah untuk memajukan perlindungan HAM yang berkaitan dengan aktivitas bisnis seperti yang tertuang di dalam UNGPs dan Ruggies principles, seperti AICHR dapat melakukan study literature, mendorong negara-negara anggota untuk mengambil tindakan yang efektif, melaksanakan dialog dan konsultasi dengan organ-organ ASEAN, organisasi kemasyarakatan, dan stakeholder yang lain, serta membuat instrument hukum yang mengikat tentang bisnis dan HAM.

Corporate Environmental Accountability in International Law

10.1093/oso/9780198738046.001.0001 ◽

2020 ◽

Author(s):

Elisa Morgera

Keyword(s):

Human Rights ◽

International Law ◽

Sustainable Use ◽

International Standards ◽

Corporate Environmental Responsibility ◽

Recent Emergence ◽

International Obligations

This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment indicates the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition relates the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and on the inter-relationship between human rights and the environment. It also explores the more recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. In addition, this edition points to remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views between States of their international obligations to ensure the protection of the environment and the respect of human rights.

Human Rights Responsibility of Multinational Corporations, Political Ecology of Injustice: Learning from Bhopal Thirty Plus?

Business and Human Rights Journal ◽

10.1017/bhj.2015.7 ◽

2015 ◽

Vol 1 (1) ◽

pp. 21-40 ◽

Cited By ~ 9

Author(s):

Upendra BAXI

Keyword(s):

Human Rights ◽

United Nations ◽

Political Ecology ◽

Transnational Corporations ◽

Global Compact ◽

Guiding Principles ◽

The United Nations ◽

Business Enterprises

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 Elephant in the Room’: Corporate Tax Avoidance & Business and Human Rights

Business and Human Rights Journal ◽

10.1017/bhj.2016.23 ◽

2016 ◽

Vol 2 (1) ◽

pp. 1-30 ◽

Cited By ~ 10

Author(s):

Shane DARCY

Keyword(s):

Human Rights ◽

United Nations ◽

Tax Avoidance ◽

Corporate Tax ◽

Guiding Principles ◽

The United Nations ◽

Human Costs ◽

Corporate Social

AbstractThis article addresses tax avoidance by companies in the context of the emerging field of business and human rights. It describes the mechanics of corporate tax avoidance and the human costs of such practices. It then considers the extent to which tax issues have been addressed by corporate social responsibility, before turning to business and human rights and assessing the potential value of the United Nations Guiding Principles on business and human rights in this context. The article draws on the experience of Ireland, given the country’s connection to abusive tax practices associated with large multinational corporations and its support for the United Nations Guiding Principles on business and human rights.

Interview with John G. Ruggie

International Review of the Red Cross ◽

10.1017/s1816383113000131 ◽

2012 ◽

Vol 94 (887) ◽

pp. 891-902

Keyword(s):

Human Rights ◽

Secretary General ◽

Political Scientist ◽

Business Sector ◽

Humanitarian Law ◽

Un Global Compact ◽

Guiding Principles ◽

The Impact

The conduct of multinational corporations, particularly those operating in conflict areas, is increasingly becoming subject to public scrutiny. More and more companies profess a commitment to live up to their human rights responsibilities in fragile contexts. In situations of armed conflict, international humanitarian law also applies. The business sector is, however, relatively less aware of this body of law.In June 2011, the United Nations Human Rights Council adopted unanimously the Guiding Principles on Business and Human Rights, which spell out what measures companies and states could take to strengthen the human rights performance of the business sector around the world.1 The Review wanted to hear from the person who spearheaded this initiative, Professor John G. Ruggie, and have his views on any emerging good practices amongst governments and companies in implementing the Guiding Principles, on the importance of due diligence criteria and grievance mechanisms, and on the role of regional organisations and civil society in promoting the Principles.Trained as a political scientist, Professor Ruggie has made significant contributions to the study of international relations, focusing on the impact of economic and other forms of globalisation on global rule-making and the emergence of new rule-makers. In addition to his academic pursuits, Professor Ruggie has long been involved in practical policy work. From 1997–2001, he served as UN Assistant Secretary-General for Strategic Planning, assisting the Secretary-General in establishing and overseeing the UN Global Compact, and proposing and gaining General Assembly approval for the Millennium Development Goals. In 2005, Professor Ruggie was appointed as the UN Secretary-General's Special Representative for Business and Human Rights. Over the course of six years and after extensive research, consultations, and work on pilot projects, Professor Ruggie developed the UN Guiding Principles on Business and Human Rights. Today, he chairs the boards of two non-profits, the Institute for Human Rights and Business and Shift: Putting Principles into Practice, and serves as Senior Advisor to the corporate social responsibility practice of the law firm Foley Hoag LLP.