Initiativen für einen international verbindlichen Verhaltenskodex für Unternehmen Anmerkungen zur »Corporate Accountability- Kampagne« von Friends of the Earth und zu den UN »Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights«

On 11 June 2011, the United Nations Human Rights Council endorsed the ‘Guiding Principles for Business and Human Rights’ as a new set of guiding principles for global business designed to provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. This outcome was preceded by an earlier unsuccessful attempt by a Sub-Commission of the UN Commission on Human Rights to win approval for a set of binding corporate human rights norms, the so called ‘Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’. This article identifies and discusses the reasons why the Norms eventually failed to win approval by the then UN Commission on Human Rights. This discussion assists an understanding of the difficulties in establishing binding ‘hard law’ obligations for transnational corporations with regard to human rights within the wider framework of international law. It elucidates the possible motives as well as the underlying rationale which led first to the adoption and then the rapid abandoning of the Norms. The discussion also sheds light on the future of the voluntarism of business human rights compliance, on the likelihood of finding alternative solutions, and finally on the rationale for, and effect of, the ‘Guiding Principles for Business and Human Rights’.

Download Full-text

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

German Law Journal ◽

10.1017/s2071832200016643 ◽

2003 ◽

Vol 4 (10) ◽

pp. 1065-1080 ◽

Cited By ~ 16

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.

Download Full-text