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Journal articles on the topic 'Guiding Principles on Business and Human Rights'

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Published: 4 June 2021
Last updated: 10 February 2022

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1

JOSEPH, Sarah. "‘Is Fox News a Breach of Human Rights?’: The News Media’s Immunity from the Guiding Principles on Business and Human Rights." Business and Human Rights Journal 1, no. 2 (April 14, 2016): 229–53. http://dx.doi.org/10.1017/bhj.2016.10.

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AbstractThe business and human rights debate has essentially bypassed the media industry. This article addresses that gap in the debate by applying the Guiding Principles on Business and Human Rights to the media. Application of human rights responsibilities to the media in accordance with the Guiding Principles is significantly complicated by the existence of media rights of freedom of expression. It is argued that the application of the Guiding Principles to the media industry leaves significant scope for it to be involved with serious and systemic human rights violations. This conclusion indicates that the Guiding Principles are an inadequately theorised tool for dealing with human rights responsibilities of the media. It may reveal deeper flaws in the Guiding Principles, which extend to industries other than the media. At the least, a dialogue between the human rights community and the media industry must commence in order to work out how human rights might apply in the context of the responsibilities of one of the world’s most important and powerful industries.
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WERHANE, Patricia H. "Corporate Moral Agency and the Responsibility to Respect Human Rights in the UN Guiding Principles: Do Corporations Have Moral Rights?" Business and Human Rights Journal 1, no. 1 (November 13, 2015): 5–20. http://dx.doi.org/10.1017/bhj.2015.1.

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AbstractIn 2011 the United Nations (UN) published the ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect, and Remedy” Framework’ (Guiding Principles). The Guiding Principles specify that for-profit corporations have responsibilities to respect human rights. Do these responsibilities entail that corporations, too, have basic rights? The contention that corporations are moral persons is problematic because it confers moral status to an organization similar to that conferred to a human agent. I shall argue that corporations are not moral persons. But as collective bodies created, operated, and perpetuated by individual human moral agents, one can ascribe to corporations secondary moral agency as organizations. This ascription, I conclude, makes sense of the normative business responsibilities outlined in the Guiding Principles without committing one to the view that corporations are full moral persons.
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RAMASASTRY, Anita. "Advisors or Enablers? Bringing Professional Service Providers into the Guiding Principles’ Fold." Business and Human Rights Journal 6, no. 2 (June 2021): 293–311. http://dx.doi.org/10.1017/bhj.2021.28.

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AbstractAfter a decade, different businesses adhere to the UN Guiding Principles on Business and Human Rights (UNGPs). Some key commercial entities, however, remain largely outside of the UNGPs universe, including professional service providers (PSPs) who are retained by businesses to provide expert advice and services. These advisors include lawyers, management consultants, architects and others. Some may have specialized units that provide advice on the UNGPs when retained solely for that purpose. But when asked to provide general commercial legal advice, to design a building, or restructure a business, such advisors do not typically appear to apply the UNGPs, to identify negative human rights impacts and tailor their advice in a way that prevents or mitigates such impacts. This article explores the connection between the advice provided by PSPs and negative human rights impacts. It underscores the critical need for these advisors to align their business processes and advisory services with the UNGPs to avoid being enablers of human rights abuses.
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MUCHLINSKI, Peter. "The Impact of the UN Guiding Principles on Business Attitudes to Observing Human Rights." Business and Human Rights Journal 6, no. 2 (June 2021): 212–26. http://dx.doi.org/10.1017/bhj.2021.14.

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AbstractThis contribution discusses business attitudes to human rights obligations and how the United Nations Guiding Principles on Business and Human Rights (UNGPs) have affected them. These are best understood historically through a number of periods. The first, between the mid-1970s and the end of the 1980s, coincides with intergovernmental organization-based codifications relevant to corporate social responsibility. Business representatives were highly defensive towards extensive international legal obligations not only in relation to human rights but to corporate social responsibility (CSR) more generally. This was followed by a period of ‘voluntarism’. By the 1990s, businesses had accepted that there could be a link between their operations and human rights violations but continued to reject binding legal duties. Instead, businesses opted for voluntary codes of conduct based on individual corporate, or sectoral, initiatives. It was out of this period that the UN Global Compact emerged. ‘Voluntarism’ continues into the third period, the era of the UNGPs. The UNGPs can be characterized by ‘institutionalized voluntarism’ achieved through the framework for business and human rights represented by the UNGPs. Each period will be examined followed by a concluding section that considers business attitudes to an emerging fourth period that introduces legal obligations through mandatory due diligence laws.
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Rozman, Til. "Business and Human Rights – Implementing the United Nations Guiding Principles on Business and Human Rights in Slovenia." Lexonomica 12, no. 1 (June 2020): 51–74. http://dx.doi.org/10.18690/lexonomica.12.1.51-74.2020.

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6

DARCY, Shane. "‘The Elephant in the Room’: Corporate Tax Avoidance & Business and Human Rights." Business and Human Rights Journal 2, no. 1 (August 12, 2016): 1–30. http://dx.doi.org/10.1017/bhj.2016.23.

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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.
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Miretski, Pini Pavel, and Sascha-Dominik Bachmann. "The UN 'Norms on the Responsibility of Transnational Corporations and Other Business Enterprises with Regard to Human Rights': A Requiem." Deakin Law Review 17, no. 1 (October 1, 2012): 5. http://dx.doi.org/10.21153/dlr2012vol17no1art68.

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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’.
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Seck, Sara L. "Canadian Mining Internationally and the UN Guiding Principles for Business and Human Rights." Canadian Yearbook of international Law/Annuaire canadien de droit international 49 (2012): 51–116. http://dx.doi.org/10.1017/s0069005800010328.

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SummaryBetween 2005 and 2011, there was much debate, both within Canada and at the United Nations (UN), over what role home states should play in the regulation and adjudication of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns related to global mining that led to a series of government, opposition and multi-stakeholder reports and proposals. These culminated in 2010 with the appointment of an Extractive Sector Corporate Social Responsibility Counsellor and the defeat of Bill C-300, An Act Respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Meanwhile, at the UN Human Rights Commission/Council, John G. Ruggie was appointed Special Representative to the UN Secretary-General on Business and Human Rights (SRSG). Ruggie’s work led to the 2008Protect, Respect and Remedy: A Framework for Business and Human Rightsand the 2011Guiding Principles for Business and Human Rights(the latter designed to “operationalize” the former). While both documents highlight state duties to protect against human rights violations by businesses and the need for access to remedies by victims, the role of home states in this regard was contested. This article compares the developments in Canada between 2005 and 2011 with the work of the SRSG in relation to the home state duty to protect human rights in the transnational corporate context. It also offers reflections on the implications of the inevitability of industry and industry lawyer participation for the development of home state legal obligations.
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O'Brien, Claire Methven. "Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based Framework Convention." AJIL Unbound 114 (2020): 186–91. http://dx.doi.org/10.1017/aju.2020.36.

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Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date.
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JÄGERS, Nicola. "UN Guiding Principles at 10: Permeating Narratives or Yet Another Silo?" Business and Human Rights Journal 6, no. 2 (June 2021): 198–211. http://dx.doi.org/10.1017/bhj.2021.9.

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AbstractThe endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) triggered a remarkable process accelerating the recognition of human rights responsibilities for corporations in law and governance. Perhaps even more important is the emergence of an authoritative narrative on business and human rights (BHR), which arguably has the potential to overcome the often-fragmented approach to global issues. This article discusses the degree to which the BHR narrative has been able to penetrate competing powerful narratives that shape societal and regulatory responses. To what extent is the need to address the responsibility and accountability of corporations for human rights violations acknowledged? This is an especially pertinent question where it concerns imminent major global challenges such as climate change, which poses one of the greatest threats to human rights. Two major milestones of the last decade in the area of (environmental) sustainability are analysed: the Paris Climate Agreement and the Sustainable Development Goals. What role does the BHR narrative play in this context?
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Topić, Boris. "Guiding principles on business and human rights: The important attempt to address corporate human rights abuses." Pravni zapisi 11, no. 1 (2020): 254–91. http://dx.doi.org/10.5937/pravzap0-24931.

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12

Davis, Rachel. "The UN Guiding Principles on Business and Human Rights and conflict-affected areas: state obligations and business responsibilities." International Review of the Red Cross 94, no. 887 (September 2012): 961–79. http://dx.doi.org/10.1017/s1816383113000350.

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AbstractThe UN Guiding Principles on Business and Human Rights provide authoritative guidance for states and businesses on how to prevent and address business-related human rights harms, including in conflict-affected areas. States need to explore a more innovative range of policy and regulatory options in such situations, whether they are engaging with cooperating companies or dealing with uncooperative ones. Companies need to be able to know and show that they can operate with integrity – and avoid being involved in gross abuses of human rights – and that their risk assessment, mitigation, and remediation processes take full account of the potential risks to affected stakeholders, not just risks to the business.
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13

Dharmawan, Ni Ketut Supasti, Desak Putu Dewi Kasih, I. Gede Agus Kurniawan, and Putu Aras Samsithawrati. "The Guiding Principles on Business and Human Rights: National Action Plans Toward Corporation Responsibility." Hasanuddin Law Review 4, no. 2 (August 25, 2018): 123. http://dx.doi.org/10.20956/halrev.v4i2.1480.

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As a global principal, corporations have the obligation to comply with national and international hard law of human rights, respect soft laws and global standards. The United Nations Guiding Principles on Business and Human Rights (GPs) of 2011 were unanimously endorsed by the Human Rights Council and are respected as a global standard that stipulates that corporations should respect human rights when conducting their business activities. The purpose of this paper is to examine the scope and focus of National Action Plans (NAPs) by comparing the Netherlands NAP on Human Rights (2013) is compared to the UK’s updated NAP of 2016 with the aim of providing ideas and good examples of a NAP for Indonesia. This study used normative legal method. It is considered to be a valuable lesson both for developed and developing countries that for practical matters it is highly important to create and implement a NAP for the implementation of the GPs. Fortunately, Indonesia in June 2017 has launched a National Action Plan on Business and Human Rights (NAP). The burden responsibility to carry out the NAP on Business and Human Rights to corporation to be implemented strongly rests on the government authorities both central government and all levels authorities, including the local level, have the duty to implement human rights obligation, including to convince corporations that upholding the GPs will ultimately be to their benefit.
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SUAMI, Takao, 정민 한, and 정호 최. "Business and Human Rights in Japan - Implementation of the UN Guiding Principles." Sogang Journal of Law and Business 9, no. 3 (December 31, 2019): 101–10. http://dx.doi.org/10.35505/sjlb.2019.12.9.3.101.

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Suami, Takao. "Business and Human Rights in Japan - Implementation of the UN Guiding Principles." Sogang Journal of Law and Business 9, no. 3 (December 31, 2019): 63–100. http://dx.doi.org/10.35505/sjlb.2019.12.9.3.63.

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16

Redmond, Paul. "The Business of Human Rights: Best Practice and the UN Guiding Principles." Australian Journal of Human Rights 26, no. 1 (January 2, 2020): 176–77. http://dx.doi.org/10.1080/1323238x.2020.1756691.

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17

Fasterling, Björn, and Geert Demuijnck. "Human Rights in the Void? Due Diligence in the UN Guiding Principles on Business and Human Rights." Journal of Business Ethics 116, no. 4 (August 6, 2013): 799–814. http://dx.doi.org/10.1007/s10551-013-1822-z.

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18

Siddiqui, Javed, and Shahzad Uddin. "Human rights disasters, corporate accountability and the state." Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 679–704. http://dx.doi.org/10.1108/aaaj-07-2015-2140.

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Purpose – The purpose of this paper is to examine the state-business nexus in responses to human rights violations in businesses and questions the efficacy of the UN guiding principles on human rights in businesses, in particular in the ready-made garments (RMG) industry in Bangladesh. Drawing on Cohen’s notion of “denial” and Black’s (2008) legitimacy and accountability relationships of state and non-state actors, the study seeks to explain why such “soft” global regulations remain inadequate. Design/methodology/approach – The empirical work for this paper is based on the authors’ participation in two multiple-stakeholder advisory consultation meetings for the RMG sector in Bangladesh and 11 follow-up interviews. This is supplemented by documentary evidence on human rights disasters, responses of the state and non-state actors and human rights reports published in national and international newspapers. Findings – The paper provides clear evidence that the state-business nexus perpetuates human rights disasters. The study also shows that the Bangladeshi state, ruled by family-led political parties, is more inclined to protect businesses that cause human rights disasters than to ensure human rights in businesses. The economic conditions of the RMG industry and accountability and legitimacy relationships between state and non-state actors have provided the necessary background for RMG owners to continue to violate the safety and security of the workplace and maintain inhumane working conditions. Research limitations/implications – Complex state politics, including family, kinship and wealthy supporters, and economic circumstances have serious implications for the efficacy of the UN guiding principle on human rights for business. This paper calls for broader political and economic changes, nationally and internationally. Originality/value – The study highlights the perpetuation of corporate human rights abuses by the state-business nexus, and indicates that human rights issues continue to be ignored through a discourse of denial. This is explained in terms of legitimacy and accountability relationships between state and non-state actors, bounded by complex political and economic conditions.
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AB. Wahab, Andika. "Business and Human Rights in ASEAN: Lessons from the Palm Oil Sector in Malaysia." JAS (Journal of ASEAN Studies) 7, no. 1 (July 31, 2019): 73. http://dx.doi.org/10.21512/jas.v7i1.5520.

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The release of the United Nations Guiding Principles on Business and Human Rights in 2011 aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. As part of the state responsibility to implement these guiding principles, some member states of the Association of Southeast Asian Nations (ASEAN) have already embarked preliminary steps towards establishing their respective National Action Plan on Business and Human rights (NAPBHR), while others are still lag behind. This article describes current development on business and human rights in the region. Drawing from the palm oil sector’s experience in Malaysia, this study aims to provide lessons for ASEAN member states to contemplate when developing their NAPBHR. In this article, I argue that while some large palm oil companies have shown modest progress in realizing their human rights obligation, challenges emerge in many forms including the lack of leadership, collaboration and ambition to steer and scale up industry transformation on human rights across supply chain. Equally important, challenges around certification scheme depict that it is not the only solution in persuading respect to human rights. Meaningful values transfer often overlooked in certification practice resulting in typical "ticking the audit box" exercise without understanding principles behind it. As such, the development of NAPBHR among the ASEAN member states should reflect on these reality and challenges.
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RUGGIE, John Gerard, Caroline REES, and Rachel DAVIS. "Ten Years After: From UN Guiding Principles to Multi-Fiduciary Obligations." Business and Human Rights Journal 6, no. 2 (May 3, 2021): 179–97. http://dx.doi.org/10.1017/bhj.2021.8.

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AbstractFor the first time in four decades, leading business associations, corporations, and the corporate law and governance community are seriously debating moving beyond shareholder primacy toward some form of ‘stakeholder governance. But the how question unveils significant differences of opinion as well as difficulties. We focus on a pathway that complements the ambition of stakeholder governance, but which current reform proposals have largely overlooked. We draw on practical experience in the field of business and human rights, where leading companies are increasingly embedding human rights due diligence processes into their strategic decision-making. We contend that as human rights due diligence is made mandatory for companies, which it is in a growing number of jurisdictions, including for foreign firms with a significant business presence in them, risks to stakeholders become a material corporate governance issue. That makes it necessary for firms to address stakeholder concerns and to demonstrate that they are, with possible legal consequences for having failed to do where harm occurs. Such changes by themselves may not constitute a full-blown system of multi-fiduciary obligations, but they mark substantial strides on the path toward it, and they are doing it in the relatively near-term.
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McPhail, Ken, and John Ferguson. "The past, the present and the future of accounting for human rights." Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 526–41. http://dx.doi.org/10.1108/aaaj-03-2016-2441.

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Purpose – The purpose of this paper is to discuss a number of important recent developments in the area of business and human rights and considers the impact of these developments for accounting, assurance and reporting. Following the UN endorsement of the Guiding Principles on Business and Human Rights (the Guiding Principles) in June 2011, initiatives related to their implementation have advanced at a rapid pace. Despite the centrality of accounting, assurance and reporting to some of the key initiates – accounting research has, hitherto, lagged behind this growing momentum. In order to address this lacunae, this paper develops an agenda for future research in the area of accounting and human rights. In doing so, the paper provides an overview of the important contributions advanced by the other papers in this special issue of Accounting, Auditing and Accountability Journal (AAAJ). Design/methodology/approach – This paper draws together and identifies key issues and themes related to the rapidly evolving research and policy domain of business and human rights and considers the relevance of these issues to accounting research. Findings – The paper highlights the wide-ranging impact the Guiding Principles and other developments in business and human rights have for accounting practice and draws attention to potential areas of research for accounting scholars. In particular, the paper highlights the emergence of business and human rights due diligence requirements, including their management and reporting. Further, the paper draws attention to the development of business and human rights reporting and assurance practice – which, while still in its infancy, has gathered considerable momentum and support. Research limitations/implications – The paper provides important insights into emerging issues and developments in business and human rights that have clear relevance to accounting research and practice. Originality/value – This paper, and the other contributions to this special issue of AAAJ, provide a basis and a research agenda for accounting scholars seeking to undertake research in this significant and emerging field.
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Van Ho, Tara. "General Comment No. 24 (2017) on State Obligations Under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities (CESCR)." International Legal Materials 58, no. 4 (August 2019): 872–89. http://dx.doi.org/10.1017/ilm.2019.33.

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The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” Unlike most of CESCR's other General Comments, General Comment No. 24 does not tackle a specific right. Instead, it consolidates and elaborates the Committee's jurisprudence on states' obligations in the area of business and human rights, providing clarity on its approach to some of the most contentious issues within the field of business and human rights. This General Comment has the potential to have profound implications for the ongoing development of legal standards in the area of business and human rights, including implementation of the UN Guiding Principles on Business and Human Rights (UNGP).
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Massoud, Sofia. "Die Guiding Principles on Business and Human Rights – eine absehbar begrenzte UN-Agenda." Kritische Justiz 46, no. 1 (2013): 7–17. http://dx.doi.org/10.5771/0023-4834-2013-1-7.

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GRYTSENKO O. A. and MARCHENKO O. S. "Guiding principles on business and human rights (The UN): economic frameworks of research." ECONOMIC THEORY AND LAW 41, no. 2 (2020): 91–110. http://dx.doi.org/10.31359/2411-5584-2020-41-2-91.

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Addo, M. K. "The Reality of the United Nations Guiding Principles on Business and Human Rights." Human Rights Law Review 14, no. 1 (February 11, 2014): 133–47. http://dx.doi.org/10.1093/hrlr/ngt041.

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Sugawara, Emi. "Development of International Human Rights Law in Business and Human Rights: Clarity and Effectiveness as 'Norms of Conduct' for Companies." Impact 2021, no. 3 (March 29, 2021): 38–40. http://dx.doi.org/10.21820/23987073.2021.3.38.

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Businesses have a significant impact on the lives of their employees, consumers and local people, and it is important that their rights are protected. That is why there are laws in place to this effect. However, despite such laws, stakeholders' rights and freedoms are not always respected, and in some countries, these laws don't exist at all, which is why the UN Guiding Principles on Business and Human Rights addresses human rights abuses committed in global business operations. But there remains a gap between the theory and practice of business and human rights. Associate Professor Emi Sugawara, Osaka University of Economics and Law, Japan, is seeking to bridge this gap. To this end, her team of frontline researchers of international human rights is working to reassess clarity and effectiveness of international human rights law as 'norms of conduct' for companies through a theoretical consideration. Ultimately, the researchers want to fill knowledge gaps related to business and human rights and influence Japanese society, effecting positive change.
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Mares, Radu. "Corporate and State Responsibilities in Conflict-Affected Areas." Nordic Journal of International Law 83, no. 3 (August 19, 2014): 293–345. http://dx.doi.org/10.1163/15718107-08303004.

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Some of the emblematic cases of corporate-related infringements of human rights have appeared in unstable and violence-ridden zones, including armed conflict and other contexts with lower levels of conflict, internal disturbances, widespread violence and latent tensions. Businesses have been involved in different ways, as direct perpetrators, accomplices or mere trading partners. This article tracks the issue of conflict-affected areas as elaborated in the United Nations (UN) Guiding Principles on Business and Human Rights during the Special Representative’s mandate (2005–2011) and the post-mandate period of 2011–2014, especially by looking at the UN Working Group on business and human rights and the emerging National Action Plans. Conflict was a theme of high priority during John Ruggie’s UN mandate but lost visibility in the post-2011 period. What could explain this change? This article analyses in depth the relevant provisions in the UN Guiding Principles, particularly Principle 7, and how stakeholders have responded to the Special Representative’s policy recommendations. The results of this analysis indicate that, contrary to appearances, Principle 7 is not merely an operational, context-specific principle limited to conflict-affected zones where the host state is incapacitated by conflict; rather Principle 7 should be seen as a foundational principle about gross abuses, about the responsibilities of home states to act preventively and reactively when ‘their’ companies are involved in gross abuses in conflict-affected areas and beyond.
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FARAH, Marya, and Maha ABDALLAH. "Security, Business and Human Rights in the Occupied Palestinian Territory." Business and Human Rights Journal 4, no. 1 (December 17, 2018): 7–31. http://dx.doi.org/10.1017/bhj.2018.27.

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AbstractBusinesses have increasingly recognized their responsibility to respect human rights in their operations. This has been in part guided by international initiatives, such as the United Nations Guiding Principles on Business and Human Rights, as well as guidance and regulations from states. Although these measures recognize risks associated with conflict-affected areas, contexts of occupation present unique concerns. These issues become even more complex when states send mixed messages to businesses. This is most evident when examining the discourse on and regulation of business operations linked to Israel’s prolonged occupation of Palestinian territory, especially those with operations and relationships related to ‘security’. This article seeks to highlight the frequent disregard of human rights responsibilities and obligations by states and businesses related to the occupied Palestinian territory and population, which has created a gap in accountability that civil society has attempted to address.
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FASTERLING, Björn. "Human Rights Due Diligence as Risk Management: Social Risk Versus Human Rights Risk." Business and Human Rights Journal 2, no. 2 (October 11, 2016): 225–47. http://dx.doi.org/10.1017/bhj.2016.26.

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AbstractThe UN Guiding Principles on Business and Human Rights endorse a risk management perspective of human rights due diligence, which may create ambiguities with regard to the nature of risk and the objectives of risk management. By ‘human rights risk’ we understand a business enterprise’s potential adverse human rights impacts. Human rights risk can be contrasted to an enterprise’s ‘social risk’ which refers to the actual and potential leverage that people or groups of people with a negative perception of corporate activity have on the business enterprise’s value.This article puts forward the argument that due diligence in respect of human rights risk is conceptually incompatible with the management of social risk, because social risk management and human rights due diligence vary at each step of the risk management process (risk identification, risk measurement and assessment, risk reduction measures). To resolve this incompatibility, an effective integration of human rights due diligence processes into corporate risk management systems would require an elevation of human rights respect to a corporate goal that determines corporate strategy.
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BAXI, Upendra. "Human Rights Responsibility of Multinational Corporations, Political Ecology of Injustice: Learning from Bhopal Thirty Plus?" Business and Human Rights Journal 1, no. 1 (November 13, 2015): 21–40. http://dx.doi.org/10.1017/bhj.2015.7.

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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.
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Emmer De Albuquerque Green, Caroline. "Exploring care home providers’ public commitments to human rights in light of the United Nations Guiding Principles on Business and Human Rights." Journal of Adult Protection 19, no. 6 (December 11, 2017): 357–67. http://dx.doi.org/10.1108/jap-09-2017-0033.

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Purpose The purpose of this paper is to explore care home providers’ public communications covering their commitments to respecting residents’ the human rights. The discussion considers the United Nations guiding principles on business and human rights United Nations Guiding Principles on Business and Human Rights (UNGPs) and a domestic legal and regulatory human rights framework. Design/methodology/approach Qualitative content analysis undertaken in 2017 of 70 websites of England’s largest commercial care home providers. Findings There are strong value-based public commitments in the websites of many English care home providers, which may or may not be interpreted as expressing their commitments to human rights. Research limitations/implications Research was limited to websites, which are public facing and marketing tools of care home providers. This does not provide inferences regarding the practical implementation of value-based statements or human-rights-based procedures or policies. This paper does not make any value judgements regarding either the public communications of care home providers or normative claims regarding human rights and care home service provision. Practical implications There is a need for clarification and debate about the potential role and added value of the corporate responsibility to respect human rights and the UNGPs’ operating principles within the English residential care sector. Further exploration of the relationship between personalisation/person-centred care and human rights might be useful. Originality/value This paper introduces the UNGPs and corporate responsibility to respect human rights to the debate on human rights, personalised/person-centred care, safeguarding and care homes in England. It adds a new perspective to discussions of the human rights obligations of care home providers.
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Davitti, Daria. "Refining theProtect, Respect and RemedyFramework for Business and Human Rights and its Guiding Principles." Human Rights Law Review 16, no. 1 (January 29, 2016): 55–75. http://dx.doi.org/10.1093/hrlr/ngv037.

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Jägers, Nicola. "UN Guiding Principles on Business and Human Rights: Making Headway towards Real Corporate Accountability?" Netherlands Quarterly of Human Rights 29, no. 2 (June 2011): 159–63. http://dx.doi.org/10.1177/016934411102900201.

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Abe, Oyeniyi, and Ada Ordor. "Addressing Human Rights Concerns in the Extractive Resource Industry in Sub-Saharan Africa using the Lens of Article 46 (C) of the Malabo Protocol." Law and Development Review 11, no. 2 (June 26, 2018): 843–78. http://dx.doi.org/10.1515/ldr-2018-0039.

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Abstract In June 2014, the African Union, Heads of States and Government adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (known in short as the Malabo Protocol). If ratified, the Protocol would expand the jurisdiction of the proposed African Court of Justice and Human Rights to adjudicate matters of corporate criminal liability in Africa. This paper analyses the prospects of advancing corporate respect for human rights and access to judicial remedies by victims of corporate human rights abuse through the lens of Article 46 (C) of the Malabo Protocol. The departure point is that the adoption and ratification of the Protocol would be an important step in preventing or stopping human rights violations by corporate actors in Africa’s extractive resource industry. This position is predicated on the inference that the expanded jurisdiction provided by the Malabo Protocol is consistent with the commitment of African countries to implement Pillar II of the United Nations Guiding Principles on Business and Human Rights (Guiding Principles) on respect for human rights by corporate entities. In addition, the Malabo Protocol’s proposal to adjudicate corporate criminal liability is consistent with Pillar III of the Guiding Principles on the provision of remedies for human rights violations. Creating a regional approach to address corporate criminality is an important African solution to a pressing African problem.
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Rao, Madhura, and Nadia Bernaz. "Corporate Responsibility for Human Rights in Assam Tea Plantations: A Business and Human Rights Approach." Sustainability 12, no. 18 (September 9, 2020): 7409. http://dx.doi.org/10.3390/su12187409.

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This paper explores how UK-based companies deal with their responsibility to respect the human rights of Assam (India) tea plantation workers. Through qualitative content analysis of publicly available corporate reports and other documents, it investigates how companies approach and communicate their potential human rights impacts. It highlights the gap between well-documented human rights issues on the ground and corporate reports on these issues. It aims to answer the following research question: in a context where the existence of human rights violations at the end of the supply chain is well-documented, how do companies reconcile their possible connection with those violations and the corporate responsibility to respect human rights under the United Nations Guiding Principles on Business and Human Rights? This paper reveals the weakness of the current corporate social responsibility (CSR) approach from the perspective of rights-holders. It supports a business and human rights approach, one that places the protection of human rights at its core.
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Duque Muñoz, Luisa Fernanda, Laura Álvarez Tobar, and María Jimena Fernández Merchán. "Sobre derechos humanos en la actividad empresarial en entornos multiculturales (e interculturales)." REVISTA CONTROVERSIA, no. 212 (June 1, 2019): 69–104. http://dx.doi.org/10.54118/controver.vi212.1169.

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El presente artículo sugiere una aproximación metodológica para aplicar el enfoque de derechos humanos a la actividad empresarial en entornos multiculturales (o interculturales), zonas con influencia del conflicto armado o donde exista una ausencia del Estado. Para ello se lleva a cabo una revisión de dos casos (María la Baja y Buenaventura), los cuales permiten examinar la relación entre empresas y derechos humanos, a la luz de los Principios Rectores sobre las empresas y los derechos humanos (PR), y su ejecución en Colombia. Se insiste en la importancia de continuar con el estudio de este tema y en que las empresas, en tanto actores con amplia injerencia en los territorios, den cumplimiento a estos principios. Abstract: This paper proposes a methodology for applying the human rights approach to business activity in multicultural (or intercultural) environments; areas that are under the influence of armed conflict; or where there is poor State presence. Through the examination of 2 case studies (María la Baja and Buenaventura) we examine the relationship between business and human rights, under the framework of the Guiding Principles on Human Rights and Business and their implementation in Colombia. We focus on the importance of addressing this issue and demanding one of the actors that has more influence in territories, such as corporations, to comply with these principles. Keywords: Corporations and human rights, Guiding principles on business and human rights, National Action Plans, Multiculturality, Interculturality, Methodology.
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SRINIVASAN, Vasanthi, and Parvathy VENKATACHALAM. "A Decade of the UNGPs in India: Progressive Policy Shifts, Contested Implementation." Business and Human Rights Journal 6, no. 2 (June 2021): 279–92. http://dx.doi.org/10.1017/bhj.2021.22.

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AbstractThe decade of the United Nations Guiding Principles on Business and Human Rights (UNGPs) coincides with India’s National Voluntary Guidelines on businesses’ social, environmental, and economic responsibilities (NVGs) and the National Guidelines on Responsible Business Conduct (NGRBC) – an updated version of the NVGs. Human rights are one of the core principles in both guidelines and they draw upon the ‘Protect–Respect–Remedy’ framework of the UNGPs. The NVGs and NGRBC go beyond the UNGPs by requiring organizations not only to respect human rights, but also to promote them in their spheres of influence. Several factors, however, derailed the implementation of this progressive policy shift. This article explores the challenges in implementation and calls for the multiple actors involved to work together and shape a collaborative action plan for effective implementation of the NGRBC in the next decade. The authors reiterate the need for alternative lenses to frame the responsible business agenda within developing countries through positive obligations.
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38

Buhmann, Karin. "Business and human rights: Understanding the UN Guiding Principles from the perspective of transnational business governance interactions." Transnational Legal Theory 6, no. 2 (April 3, 2015): 399–434. http://dx.doi.org/10.1080/20414005.2015.1073516.

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Londoño-Lázaro, María Carmelina, Ulf Thoene, and Catherine Pereira-Villa. "The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?" Law & Practice of International Courts and Tribunals 16, no. 3 (February 27, 2017): 437–63. http://dx.doi.org/10.1163/15718034-12341360.

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Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.
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Sherman, John F. "Heading Off Disputes by Paying Attention to Human Rights in Foreign Investor/Host State Contract Negotiations." Proceedings of the ASIL Annual Meeting 111 (2017): 48–50. http://dx.doi.org/10.1017/amp.2017.61.

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Other panelists have talked about the increasing relevance of human rights to bilateral treaty arbitrations between governments and foreign investors. This is a very important development. However, my focus is on how to prevent the disputes that give rise to those arbitrations in the first place. If human rights are not addressed up front, in host state/foreign investor contract negotiations, they will come back to bite people, states, and investors. To do so, I want to talk about the 2011 UN Guiding Principles on Business and Human Rights, and their addendum, the Principles for Responsible Contracts.
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Wahab, Andika AB. "Human Rights Anchored in Business: Practice and Challenges in the Palm Oil Sector in Malaysia." International Studies Review 20, no. 1 (October 19, 2019): 1–20. http://dx.doi.org/10.1163/2667078x-02001006.

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The United Nations Guiding Principles on Business and Human Rights aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. In Malaysia, despite growing requirements for sustainable production, the palm oil sector has been implicated in various corporate human rights violations. This article discusses how do three public listed companies in the palm oil sector in Malaysia perform their obligation to respect human rights? This article argues that while large palm oil companies have shown modest progress in realizing their human rights obligation – the lack of regulatory framework, resources, direct market pressure and membership to sustainability standards continue to serve as critical challenges in compensating the gaps in human rights governance.
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O’BRIEN, Brynn. "Extraterritorial detention contracting in Australia and the UN Guiding Principles on Business and Human Rights." Business and Human Rights Journal 1, no. 2 (April 21, 2016): 333–40. http://dx.doi.org/10.1017/bhj.2016.12.

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Bonnitcha, Jonathan, and Robert McCorquodale. "The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights." European Journal of International Law 28, no. 3 (August 2017): 899–919. http://dx.doi.org/10.1093/ejil/chx042.

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Wettstein, Florian. "Normativity, Ethics, and the UN Guiding Principles on Business and Human Rights: A Critical Assessment." Journal of Human Rights 14, no. 2 (April 3, 2015): 162–82. http://dx.doi.org/10.1080/14754835.2015.1005733.

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45

RASCHE, Andreas, and Sandra WADDOCK. "The UN Guiding Principles on Business and Human Rights: Implications for Corporate Social Responsibility Research." Business and Human Rights Journal 6, no. 2 (March 9, 2021): 227–40. http://dx.doi.org/10.1017/bhj.2021.2.

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AbstractThis article presents a review of the literature on the United Nations Guiding Principles (UNGPs) for the purpose of situating the UNGPs in the voluntary corporate social responsibility (CSR) infrastructure. We identify four key themes that underlie the debate: (1) a critical assessment of the UNGPs, (2) their application to different sectors, (3) a discussion of how to embed key aspects of the UNGPs into national and regional contexts, and (4) reflections on the role of due diligence. We discuss these themes and outline some practical and theoretical take-away messages. Our review highlights some similarities and differences to the discussion of voluntary initiatives in the field of CSR, especially the UN Global Compact. Our discussion helps to understand how the UNGPs are situated in the voluntary institutional infrastructure for CSR. Finally, we show how the theoretical and practical discourse on the UNGPs can be further advanced.
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46

Korže, Branko. "The Significance of the Implementation of Human Rights in the Functioning of Economic Operators for the Prevention of the Causes of Economic and Broader Social Crisis." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 255–70. http://dx.doi.org/10.4335/11.3.255-270(2013).

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In this paper the author substantiates a thesis that the reason for the emergence of the economic and general social crisis lies in the withdrawal of European countries from the legislatively proclaimed model of a social market state and the assumption of neoliberal principles, which are the basis of economic globalization. He finds that globalization gave rise to numerous negative social phenomena resulting from the predominance of the economic interests of capital over other social values. The reestablishment of the functioning of the market–social state in Europe that would be based on human rights could significantly contribute to the elimination of the causes of the crisis. The enforcement of the UN Guiding Principles on Business and Human Rights (Ruggi’s Guiding Principles) would mean the first step towards the change in principles and neoliberalism in the world and its negative effects.
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Bueno, Nicolas, and Claire Bright. "IMPLEMENTING HUMAN RIGHTS DUE DILIGENCE THROUGH CORPORATE CIVIL LIABILITY." International and Comparative Law Quarterly 69, no. 4 (September 7, 2020): 789–818. http://dx.doi.org/10.1017/s0020589320000305.

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AbstractSince the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability mechanisms in the draft Treaty on Business and Human Rights and in domestic mandatory HRDD legislation and initiatives such as the French Duty of Vigilance Law and the Swiss Responsible Business Initiative. It compares these developments with the emerging case law on parent company and supply chain liability for human rights abuses. It explores the potentially perverse effects that certain civil liability provisions and court decisions might have on companies’ practices. Finally, it makes recommendations for the design of effective liability mechanisms to implement HRDD.
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BILCHITZ, David. "The Necessity for a Business and Human Rights Treaty." Business and Human Rights Journal 1, no. 2 (May 2, 2016): 203–27. http://dx.doi.org/10.1017/bhj.2016.13.

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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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Neglia, Maddalena. "The UNGPs — Five Years on." Netherlands Quarterly of Human Rights 34, no. 4 (December 2016): 289–317. http://dx.doi.org/10.1177/016934411603400403.

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The United Nations Guiding Principles on Business and Human Rights were endorsed in 2011 by the UN Human Rights Council. Since then they have become a normative platform and have led to widespread convergence of national and international regulatory initiatives. Focusing on Europe, this articles shows that the consensus reached, in particular on human rights due diligence, has been a driving force behind the influence the Principles have had on public regulation of business and human rights. One example is offered by the EU's approach to integrating UNGPs into legal and policy instruments, including the 2011 Communication on CSR and the EU Directive no. 2014/95 on non-financial reporting. But this has been accompanied by recent developments in EU Member States' public regulation of business and human rights, including the UK Modern Slavery Act and the French bill on ‘devoir de vigilance’. The article concludes that, despite the emergence of a piecemeal regulatory approach, coherence in the public regulation of business violations of human rights is urgently needed in Europe. It further shows that, if properly led, this process could entail reinforcement of the EU's commitment to the UNGPs' implementation.
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Jerbi, Scott. "Assessing the roles of multi-stakeholder initiatives in advancing the business and human rights agenda." International Review of the Red Cross 94, no. 887 (September 2012): 1027–46. http://dx.doi.org/10.1017/s1816383113000398.

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AbstractGrowing reliance on ‘multi-stakeholder initiatives’ (MSIs) aimed at improving business performance with respect to specific human rights-related challenges has become a significant dimension of the evolving corporate responsibility agenda over recent decades. A number of such initiatives have developed in direct response to calls for greater state and corporate accountability in areas of weak governance and violent conflict. This article examines the evolution of key MSIs in light of the 2011 adoption of the United Nations (UN) Guiding Principles on Business and Human Rights and addresses challenges facing these initiatives in the future.
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