scholarly journals Corporate Voluntarism and Human Rights

2004 ◽  
Vol 59 (1) ◽  
pp. 101-141 ◽  
Author(s):  
Penelope Simons
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Human Rights Violations ◽  
Intergovernmental Organizations ◽  
Public Concern ◽  
Conflict Zones ◽  
Regulatory Regimes ◽  
Multistakeholder Initiatives

In response to increasing public concern over the accountability of transnational corporations (TNCs) for violations of human rights in the states in which they operate, governments, corporations and NGOs have promoted the development and implementation of voluntary self-regulatory regimes. However, TNC practices under these regimes call into question their adequacy and effectiveness in preventing complicity in egregious violations of human rights by corporations operating in conflict zones and repressive regimes. This article reviews and assesses the language, human rights content and compliance mechanisms of the voluntary policies and/or codes developed by a number of corporations, industry groups, intergovernmental organizations and multistakeholder initiatives, as well as associated corporate practices. The analysis shows that these voluntary regimes are flawed and inadequate, and therefore unable to ensure that TNCs are not complicit in human rights violations in their extra-territorial activities.

scholarly journals Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights

2007 ◽  
Author(s):  
Stephen J. Powell
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transnational Corporations ◽  
Harm Principle ◽  
Human Rights Violations ◽  
International Treaties ◽  
The U.S ◽  
Alien Tort Statute

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights

2003 ◽  
Vol 4 (10) ◽  
pp. 1065-1080 ◽  
Author(s):  
Carolin F. Hillemanns
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Labor Rights ◽  
International Human Rights ◽  
Conflict Zones ◽  
Protection Of Human Rights ◽  
Business Enterprises ◽  
Business Entities ◽  
Human Rights Norms ◽  
Corporate Social

The United Nations Sub-Commission for the Promotion and Protection of Human Rights unanimously approved the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” (the Norms) on 13 August 2003. Together with the interpretative Commentary, the Norms constitute an authoritative guide to corporate social responsibility. They are the first set of comprehensive international human rights norms specifically aimed at and applying to transnational corporations and other business entities (companies). They set out the responsibilities of companies with regard to human rights and labor rights, and provide guidelines for companies in conflict zones. They prohibit bribery and provide obligations with regard to consumer protection and the environment. General provisions of implementation include the obligation to provide reparation for a failure to comply with the Norms.

29. Terrorism

2017 ◽  
Author(s):  
Martin Scheinin
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Intergovernmental Organizations ◽  
Human Rights Law ◽  
Main Section ◽  
Human Rights Protection ◽  
Counter Terrorism ◽  
Rights Protection ◽  
Full Compliance

This chapter first addresses the question of whether terrorism constitutes a violation of human rights, or whether the notion of human rights violations can only be applied to action by states, and then considers challenges to the applicability of human rights law in the fight against terrorism, particularly since 9/11. It focuses on the notion of terrorism, and in particular the risks posed to human rights protection by vague or over-inclusive definitions of terrorism. The main section of the chapter deals with some of the major challenges posed by counter-terrorism measures to substantive human rights protections. It is argued that the unprecedented post-9/11 wave of counter-terrorism laws and measures that infringed upon human rights was a unique situation, and that governments and intergovernmental organizations are realizing that full compliance with human rights in the fight against terrorism is not only morally and legally correct but is also the most effective way of combating terrorism in the long term.

The Necessity for a Business and Human Rights Treaty

2016 ◽  
Vol 1 (2) ◽  
pp. 203-227 ◽  
Author(s):  
David BILCHITZ
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Working Group ◽  
Negative Impact ◽  
Transnational Corporations ◽  
Human Rights Violations ◽  
Legal Instrument ◽  
Business And Human Rights ◽  
Human Rights Council

AbstractIn June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The arguments indicate that a treaty is necessary to provide legal solutions to cure serious lacunae and ambiguities in the current framework of international law which have a serious negative impact upon the rights of individuals affected by corporate activities. The emphasis throughout is upon why a binding legal instrument is important, as opposed to softer forms of regulation such as the United Nations Guiding Principles on Business and Human Rights. The four arguments in turn provide the resources to respond to objections raised against the treaty and to reject an alternative, more restrictive proposal for a treaty that only addresses ‘gross’ human rights violations.

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