Academic literature on the topic 'Working Group on Human Rights and Transnational Corporations'
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Journal articles on the topic "Working Group on Human Rights and Transnational Corporations"
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Bureš, Pavel. "International Legal Personality of Transnational Corporations – Any Chance for the Theoretical Shift with Respect to a Legally Binding Instrument on Human Rights and TNCs?" International and Comparative Law Review 22, no. 2 (December 1, 2022): 139–51. http://dx.doi.org/10.2478/iclr-2022-0019.
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Summary Multinational enterprises or transnational corporations are big and influential actors on international scene. Their economic activities might have unfortunately a negative impact on human rights or environment. Current international law does not have any concrete and satisfactory answer to such situation of lacking direct substantial human rights obligations with respect to transnational corporations and corresponding procedural mechanism. Often, this situation is substantiated by missing or unclear concept of international legal personality of those entities. The present article presents international legal personality of transnational corporations from the perspective of the Legally biding instrument on human rights and TNCs drafted by inter-governmental working group. After portraying general features of international legal personality, the author tends to conciliate basic theoretical concept with the TNCs situation. Then the author presents a deep analysis of the Legally binding instrument and comes to the conclusions of maturing international legal personality of transnational corporations.
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Birģelis, Mārtiņš. "Towards Treaty on Business and Human Rights: Key Areas of Agreement." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 23 (2022): 156–64. http://dx.doi.org/10.25143/socr.23.2022.2.156-164.
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Current legal framework does not properly address the impact that transnational corporations have on human rights. In response to that in 2014 the UN Human Rights Council established an open-ended intergovernmental working group with a mandate to elaborate an international legally binding instrument to regulate activities of transnational corporations and other business enterprises. Although this decision was strongly contested and initially there was very little consensus on what such a treaty should entail, much effort has been invested to improve the content of the proposed treaty and gather the necessary support for its adoption. The aim of this article is to analyse the progress made in negotiating the treaty and to find any essential areas of agreement between different stakeholders. To achieve that aim, historical and analytical research methods have been primarily used. The study finds that two crucial areas of agreement exist – on the regulatory targets and regulatory model – that allows for real negotiations to begin. Keywords: consensus, human rights, transnational corporations, treaty on business and human rights
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Ivanov, D., and M. Levina. "Prospects of International Legal Cooperation of States Under U.N. Auspices in Developing a Treaty on Transnational Corporations and Other Business Enterprises with Respect to Human Rights." BRICS Law Journal 8, no. 1 (April 11, 2021): 135–61. http://dx.doi.org/10.21684/2412-2343-2021-8-1-135-161.
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The present article is a review of the prospective adoption of a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations (TNCs) and other business enterprises presently being developed under U.N. auspices, aiming for legal control of TNCs’ business functioning. The necessity for international legal control of their business’ functioning with respect to human rights cannot be underestimated as their influence has grown since striving for dominance in world commodity markets and in leading sectors of the global economy. However, quite a number of scholars question the fact that TNCs are not presently recognized as legal personalities rendering the immediate application of international law principles to their business activities all but practically impossible. At the same time, the majority of so called “soft law” principles developed in the U.N. framework in the past fifty years are nothing more than recommendations to TNCs, thus, emphasizing the urgency of developing a legally binding instrument which primarily governs transnational corporations with respect to human rights. Nevertheless, the prospective adoption of a future treaty, currently being developed by the Open-ended Intergovernmental Working Group on Transnational Corporations and other Business Enterprises with Respect to Human Rights, does not look highly promising due to a number of fundamental flaws and inconsistencies analyzed below.
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SUBASINGHE, Ruwan. "A Neatly Engineered Stalemate: A Review of the Sixth Session of Negotiations on a Treaty on Business and Human Rights." Business and Human Rights Journal 6, no. 2 (June 2021): 384–91. http://dx.doi.org/10.1017/bhj.2021.17.
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The sixth session of the United Nations (UN) open-ended intergovernmental working group (IGWG) tasked with ‘elaborating an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises’1 (BHR Treaty) took place virtually during 26–30 October 2020.2
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DE SCHUTTER, Olivier. "Towards a New Treaty on Business and Human Rights." Business and Human Rights Journal 1, no. 1 (November 13, 2015): 41–67. http://dx.doi.org/10.1017/bhj.2015.5.
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AbstractThis article examines the legal as well as political feasibility of four potential options for a legally-binding international instrument in the area of business and human rights. The four options that the open-ended intergovernmental working group may wish to consider while negotiating an instrument are: (i) to clarify and strengthen the states’ duty to protect human rights, including extraterritorially; (ii) to oblige states, through a framework convention, to report on the adoption and implementation of national action plans on business and human rights; (iii) to impose direct human rights obligations on corporations and establish a new mechanism to monitor compliance with such obligations; and (iv) to impose duties of mutual legal assistance on states to ensure access to effective remedies for victims harmed by transnational operations of corporations. As these options are not mutually exclusive, the author argues that a hybrid instrument building on elements of the first and the fourth option may be the best way forward both in terms of political feasibility and improving access to effective remedies for victims.
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Inyang, Philippa Osim. "The Necessity for Revisiting Direct Corporate Human Rights Obligations in the Current Business and Human Rights Treaty Process." African Journal of Law, Political Research and Administration 4, no. 2 (December 14, 2021): 71–87. http://dx.doi.org/10.52589/ajlpra-esi4chiq.
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The international community has awoken to the reality that transnational corporations (TNCs) do not only control more resources than a good number of states. They wield enormous influence in the corporate world which greatly impacts on local cultures and initiatives. Many of these TNCs, who operate in developing states, engage in activities which frequently result in human rights abuses. Several states rely on the resources extracted by these large corporations as the main stay of their economies. Consequently, they lack the economic capacity and political will to effectively regulate the activities of the TNCs, leaving these entities to perpetrate human rights abuses in the local communities with impunity. Although the Human Rights Council, through the Inter-governmental working group on Business and Human Rights, has begun a treaty process on business and human rights to address these issues, the work of the IGWG, so far, has not adequately responded the root cause of the corporate impunity, which is their unwillingness and inability to hold corporate entities accountable for their harmful activities. Thus, this paper proposes that the issue of direct human rights obligations on corporate entities should be revisited in order to ensure that corporate entities do not escape accountability for human rights harm resulting from their activities.
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Inyang, Philippa Osim. "The Morocco-Nigeria BIT: An Important contribution to Ensuring the Accountability of TNCs for Their Human Rights Violations?" European Scientific Journal, ESJ 19, no. 2 (January 31, 2023): 40. http://dx.doi.org/10.19044/esj.2023.v19n2p40.
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Corporate accountability for human rights violations has been at the forefront of the business and human rights debate. This debate has focused on the establishment of binding human rights obligations on corporate entities, particularly following the Human rights Council’s initiative to establish a treaty on business and human rights– a mandate given to the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. Joining this debate, this paper briefly comments on relevant provisions of the 2016 Morocco-Nigeria Bilateral Investment Treaty (BIT) which appears to contain innovative provisions that seek to ensure that investors (who are often corporate entities) are held accountable for their investment activities that adversely impact human rights within their host States. Although the Morocco-Nigeria BIT remains exceptional within the investment treaty framework, it reflects an initiative to ensure that the next generation of BITs encourages greater corporate accountability for their human rights violations.
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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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Yuliia, HONCHAROVA, and UDOVENKO Maksym. "REGULATING THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS: EVOLUTION OF PRIORITIES." Foreign trade: economics, finance, law 117, no. 4 (September 10, 2021): 4–16. http://dx.doi.org/10.31617/zt.knute.2021(117)01.
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Background. The legal status of TNCs in international law has become a separate topic of scientific discussions, which, among other things, concerned the influence of TNCs on the sovereignty of states. Digitalization, globalization and modern imperatives of formation of global value chains actualize the subject of relations between the international community and TNCs, which requires retrospective analysis, separation and substantiation of certain stages of formation of such relations. An analysis of recent research and publications has revealed that a comprehensive analysis of the evolution of international legal regulation of TNCs through the prism of the priorities of the international community has not been conducted, which determines the relevance of the study. The aim of the article is to analyze the genesis of the relationship between TNCs and the international community through the prism of the priorities of the international community at certain historical stages. Materials and methods. The normative basis of the study were UN documents, decisions of the UN International Court of Justice. The methodological basis of the study is general scientific and special legal methods of cognition. Results. The existing definitions of the terms «transnational corporation», «multinational enterprise», «multinational corporation», «global corporation», «group of multinational companies» in various documents of international law are considered. The genesis of the formation of international legal norms on the activities of transnational corporations is analyzed, the priorities of the international community in certain historical periods are highlighted. Key tasks for regulating the activities of transnational corporations are forecasted. Conclusion. The phenomenon of TNCs remains one of the imperatives in the development of international law and the subject of activity of international governmental and non-governmental organizations. It is established that the priorities of the international community are gradually changing in the direction of complexity - from the purely socio-economic situation in developing countries to the role of TNCs in achieving the Sustainable Development Goals, with special focus on protection of human rights in the activities of TNCs. Keywords: transnational corporation, human rights, United Nations, corporate responsibility.
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Nissen, Aleydis. "Gender-Transformative Remedies for Women Human Rights Defenders." Business and Human Rights Journal 8, no. 3 (October 2023): 369–402. http://dx.doi.org/10.1017/bhj.2023.41.
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Abstract In its 2019 report to the Human Rights Council, the United Nations (UN) Working Group on business and human rights emphasized that ‘gender-transformative’ remedies can bring ‘change to patriarchal norms and unequal power relations that underpin discrimination, gender-based violence and gender stereotyping’. This article aims to deepen our knowledge of such remediation for women human rights defenders who fight against corporate human rights abuses. Human rights remediation is highly fragmented. This has the advantage that remedies at one level can offer sources of learning for remedies at other levels. This article uses relevant communications that the UN Special Rapporteur on the situation of human rights defenders sent to states and corporations jointly with other Special Procedures (including the UN Special Rapporteur on violence against women and girls, its causes and consequences and the UN Working Group on discrimination against women and girls in law and practice) between 2011 and 2020 as a source of learning.
Dissertations / Theses on the topic "Working Group on Human Rights and Transnational Corporations"
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Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.
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Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation. In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights.
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Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
Books on the topic "Working Group on Human Rights and Transnational Corporations"
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United Nations Human Rights Council, ed. Outcome of the sixth session of the Working Group on the issue of human rights and transnational corporations and other business enterprises. Geneva ; Nairobi ; New York ; Vienna: United Nations General Assembly, 2014.
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International Service for Human Rights. Rebel farmers and unruly employees: The situation of human rights defenders promoting corporate accountability in East Asia : joint submission to the UN Working Group on Human Rights and Transnational Corporations. Geneva, Switzerland]: International Service for Human Rights, 2016.
Find full textBook chapters on the topic "Working Group on Human Rights and Transnational Corporations"
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Vanpeperstraete, Ben. "The Rana Plaza Collapse and the Case for Enforceable Agreements with Apparel Brands." In Interdisciplinary Studies in Human Rights, 137–69. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_9.
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AbstractDisasters like the Rana Plaza collapse and the Tazreen Fashions and Ali Enterprises fires painfully demonstrate the limits of conventional models of labour regulation in global supply chains. Buyer-driven markets characterised by outsourcing, subcontracting and offshoring, and the price pressure that results from them, undermines both the regulatory role of the state and the potential for collective bargaining. As a result, poor and unsafe working conditions prevail in transnational corporate supply chains in the garment industry. The aforementioned disasters offer a textbook example of the challenges facing the current clothing industry and the limits of the dominant “Corporate Social Responsibility” (CSR) model used to address labour rights abuses.Yet, the responses to these disasters also provide fertile ground for alternative “worker-driven” strategies, where worker organisations enter into negotiated supply chain agreements with transnational corporations and hold the latter to account. The Bangladesh Accord and Rana Plaza Arrangement, as well as the corollary Tazreen Compensation Agreement and Ali Enterprises Compensation Agreement attempt to develop a counter-hegemonic alternative to dominant CSR practices and offer new strategies for social justice within global supply chains. This chapter describes and contextualises these agreements in a broader trajectory of labour organisations bargaining and negotiating such agreements with lead firms, highlighting how the post-Rana Plaza momentum made significant strides possible in terms of the depth, scope and enforceability of these negotiated agreements. The chapter identifies the strengths of these developments, but also identifies room for improvement for future negotiated enforceable agreements with apparel brands.
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Birģelis, Mārtiņš. "Konvencijas par uzņēmējdarbību un cilvēktiesībām nepieciešamība." In Tiesības un tiesiskā vide mainīgos apstākļos, 97–103. LU Akadēmiskais apgāds, 2021. http://dx.doi.org/10.22364/juzk.79.09.
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The current legal framework does not properly address the impact that transnational corporations have on human rights. In 2014, the UN Human Rights Council established an open-ended intergovernmental working group with a mandate to elaborate an international legally binding instrument to regulate the activities of transnational corporations and other business enterprises. Yet this decision was strongly contested. This article outlines the main arguments for desirability of an international treaty on business and human rights and provides a response to some of the most common objections raised against the development of such legally binding instrument.
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Claeys, Priscilla, Lorenzo Cotula, Jérémie Gilbert, Christophe Golay, Miloon Kothari, and Veronica Torres-Marenco. "Land Is a Human Right." In The Oxford Handbook of Land Politics, C36S1—C36P175. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780197618646.013.36.
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Abstract This chapter explores the human right to land from both a historical and a normative perspective. It analyzes the key developments that have led to the recognition of the human right to land in international human rights law. The first part of the chapter explores land as a key component of other human rights, such as the rights to food, housing, property, and other economic, social, and cultural rights. The second part then describes how various international legal instruments came to recognize land as a self-standing human right. It discusses the various dimensions of the right to land and what this right means for different groups, with a focus on Indigenous Peoples, peasants, and other people working in rural areas. Finally, the third part explores current challenges for the implementation of the right to land, with an emphasis on forced evictions and displacements, the gender and intersectional dimensions, and the impacts of transnational corporations. The overall objective is to highlight the benefits of adopting a human rights approach to land issues, seeing land, not as a mere commodity, but as central to the realization of human rights.
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Ćorić, Vesna, Ana Knežević Bojović, and Milica V. Matijević. "Potential of EU Draft Directive on Corporate Sustainability Due Diligence to Contribute to a Coherent Framework of Corporate Accountability for Human Rights Violations." In Regional Law Review, 133–51. Institute of Comparative Law, 2023. http://dx.doi.org/10.56461/iup_rlrc.2023.4.ch9.
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Currently, the field of business and human rights is at a crossroads in terms of normative development, as two major legislative instruments are being negotiated at the regional and international levels. The first instrument is a proposal for a directive aimed at ensuring business responsibility for the respect of human rights and the environment within the European Union, or in other words a proposal for a Directive on Corporate Sustainability Due Diligence. The second one is a proposal of a legally binding instrument on transnational corporations and other business enterprises with respect to human rights, commonly referred to as the Third Revised Draft Treaty on Business and Human Rights, which is being developed by the open-ended intergovernmental working group established by the Human Rights Council in 2014. Given such parallel developments, it would seem prudent for the ongoing efforts to be interlinked so as to contribute to creating consistent legal solutions governing corporate accountability for human rights violations at international and supranational fora. This is particularly relevant in the context of rapid globalization, where transnational corporations can exploit legal and regulatory loopholes at the cost of human rights and the environment. This paper analyses the two legislative drafts with the aim of determining to what extent those two draft hard law instruments reflect the applicable international soft law standards and contribute to the creation of a complementary and mutually reinforcing regulatory framework. The analysis shows the differences in the scope and approaches utilized in the two instruments and identifies gaps and shortcomings in the proposed solutions from the standpoint of effective protection of the victims’ rights. The analysis shows that the two proposed legislative texts are for the most part mutually complementary and it points to the ways in which their norms can be read together so as to enable a coherent and consistent legal framework and ensure legal certainty. The authors also argue that the two legislators should utilize the drafting process to address the identified discrepancies in the existing normative framework in order to achieve the best results.
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von Bogdandy, Armin, Flávia Piovesan, Eduardo Ferrer Mac-Gregor, and Mariela Morales Antoniazzi. "Introduction." In The Impact of the Inter-American Human Rights System, 1–14. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197744161.003.0001.
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Abstract This collection of essays focuses on the transformations led by the Inter-American System of Human Rights and the impact caused by Ius Constitutionale Commune en America Latina (ICCAL). ICCAL consists of a robust set of domestic and international norms, actors,and institutions that interact to advance human dignity in Latin America. Although compliance is usually seen as the only driver of transformation stemming from the Inter-American System of Human Rights, it is one of several factors to consider when assessing the legal, social, and political impact of ICCAL. The authors thereby expand the notion of impact along three dimensions. First, they include as the subject of the analyses all tools of the IAHRS that might serve its transformative mandate. Second, they consider the centrality of the community of practice, a diverse group encompassing a broad range of stakeholders working within the realm of Inter-American Human Rights standards. Third, the authors analyze the impact of ICCAL in the development and consolidation of human rights standards, to increase the capacity of civil society and States to respect, protect, and fulfill such standards, and to deepen transnational conversation and cooperation.
Conference papers on the topic "Working Group on Human Rights and Transnational Corporations"
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Archvadze, Joseph. "The Main Features and Characteristics of the Post-Pandemic Period of the Economy." In Human Capital, Institutions, Economic Growth. Kutaisi University, 2023. http://dx.doi.org/10.52244/c.2023.11.2.
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The article discusses the changes that have taken place in the process of globalization and public life in the post-pandemic period. It is emphasized that there is not the end of globalization, but the transformation of the globalization process, the slowing down of the globalization process instead of hyper-globalization and the formation of new political, military and regional ties and alliances under its roof: the process of aggressive globalization is replaced by the open protectionism of countries, the formation of financial and economic blocs and the corresponding With an industrial policy based on a regional principle and a certain ideological concept, narrative, value system and segmental or systemic convergence of economic interests. This was caused by such processes and events of global importance, such as the Covid pandemic, the growing US-China competition and the Russia-Ukraine war. In the mentioned conditions, the national states are not gradually regaining their political positions, but they are moving to a "strategic attack" in terms of exercising their rights, capabilities and influence and control over the members of the society. At the same time, the role and importance of transnational corporations is growing significantly. All this leads to an increase in the contradiction between, on the one hand, the practical realization of the spheres of personal freedom and sovereignty, and, on the other hand, the strengthening of the role of the state and transnational corporations. The activation of the state and its growing role in redistributing the national product also has a negative effect: the growing role of the state not only restricts the market, but also seriously damages competition as a development factor. - Guaranteed orders, provision of keys to products produced on the basis of state funds, etc., puts certain privileged businesses and others in a priori unequal conditions, strengthens the feeling of injustice in society and has a negative effect on ensuring social stability and sustainable development. Under the conditions of using modern technologies, on the one hand, the speed of movement of resources from one corner of the earth to another will increase, and on the other hand, the role of local resources in achieving the final results of production will increase, which is expressed in the transition from absolute globalization of production to relative localization. The pandemic gave a powerful impetus to such innovations, technological innovations as Internet-trade, delivery of goods by order, delivery of goods by parcels; Drones are increasingly being used to deliver goods to their destination, robotics and artificial intelligence are being used in virtually every field of activity. This leads to significant changes not only in the structure of jobs and employment. - At this time, along with the increase in the profits of companies and their shareholders, a considerable part of the working people remains unemployed, they become impoverished. The scale of social elevators, their speed and "carrying capacity" are decreasing. Consequently, the threat of property polarization and growing opposition between different layers of society becomes real. Rising inequality can lead to a "crisis of the means of existence". This, in turn, will lead to an increase in the number of IDPs. Forced migration may become one of the most serious global challenges in the next decade, which will act as a provoking factor for geopolitical conflicts and social tensions within countries, and will be a direct reputational and economic blow to globalization processes. It can already be safely said that the period needed to fully overcome its negative consequences will be longer than the duration of the Covid-pandemic period. Article in Georgian.