scholarly journals Corporate Power over Human Rights: An Analytical Framework

2020 ◽  
pp. 1-25
Author(s):  
David BIRCHALL
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
Direct Power ◽  
Potential Harm ◽  
Corporate Power ◽  
Comprehensive Account ◽  
Business And Human Rights ◽  
Corporate Activity

Abstract This paper presents an original framework designed to systematize understanding of corporate power over human rights. The framework disaggregates four sites of this power: corporations have direct power over individuals’ human rights, power over the materialities of human rights, power over institutions governing human rights, and power over knowledge around human rights. This disaggregation is derived primarily from the work of Barnett and Duvall and focuses on the effects of corporate activity rather than the Weberian understanding of power as the ability to achieve desired outcomes. The framework captures a broad set of corporate acts based on their (potential) harm to human rights. It is argued that understanding business and human rights through the lens of power can help to advance a more comprehensive account of business impacts on human rights.

scholarly journals Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty

2020 ◽  
Author(s):  
Nadia Bernaz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Analytical Framework ◽  
Negotiation Process ◽  
Corporate Accountability ◽  
Business And Human Rights ◽  
Trade Offs ◽  
Core Elements ◽  
Political Realities ◽  
Future Business

Abstract This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights (BHR) treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support.

scholarly journals MNEs and human rights: from responsibilities to rights to governance

2019 ◽  
Vol 16 (2) ◽  
pp. 117-135
Author(s):  
Stefan Zagelmeyer
Keyword(s):  
Human Rights ◽  
Multinational Enterprises ◽  
Analytical Framework ◽  
Governance System ◽  
Content Type ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Social Value Creation ◽  
Consumption Community

Purpose This paper aims to explore the links between multinational enterprises (MNEs) and human rights abuses and review the development of international business (IB) and human rights initiatives. Arguing that the focus of the business and human rights debate has shifted from responsibility to rights, and subsequently to governance, it proposes a framework for analysing IB and human rights governance issues in the context of social value creation. Design/methodology/approach The paper develops a framework for analysing business and human rights governance with respect to the business and human rights field and four business and human rights subfields (labour, consumption, community and environment). Findings The analytical framework is organised around the relationships between human rights duty-bearers (companies) and human rights-holders (e.g., employees, consumers). It emphasises the role of actors and their interests, the relationships between actors, the objectives of these relationships and the role of governance mechanisms and structures, which, for a particular human rights subfield, define the IB and human rights governance system. Originality/value The analytical framework can be used by IB researchers, practitioners and public policymakers to describe, analyse, discuss and address business and human rights issues and challenges. It can be used for comparing and evaluating characteristics and properties of alternative institutional arrangements in the field of business and human rights. Furthermore, it can be used to support the design corporate non-market strategies as well as public policies.

scholarly journals Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty

2021 ◽  
pp. 146-173
Author(s):  
Nadia Bernaz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Analytical Framework ◽  
Negotiation Process ◽  
Corporate Accountability ◽  
State Support ◽  
Business And Human Rights ◽  
Trade Offs ◽  
Future Business

This article conceptualizes corporate accountability under international law andintroduces an analytical framework translating corporate accountability into seven core elements.Using this analytical framework, it then systematically assesses four models that could be used ina future business and human rights treaty: the United Nations Guiding Principles on Business andHuman Rights model, the Universal Declaration of Human Rights model, the progressive model, andthe transformative model. It aims to contribute to the BHR treaty negotiation process by clarifyingdifferent options and possible trade-offs between them, while taking into account political realities.Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporateaccountability, which combines ambitious development of international law with realistic prospectsof state support.

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

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

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

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