Nationalise legislation but not companies? A Global South perspective on business and human rights legislation

2021 ◽  
Author(s):  
Debadatta Bose
Keyword(s):  
Human Rights ◽  
Global South ◽  
Business And Human Rights

scholarly journals Orchestration from Below? Trade Unions in the Global South, Transnational Business and Efforts to Orchestrate Continuous Improvement in Non-state Regulatory Initiatives

2017 ◽  
Vol 40 (3) ◽  
Author(s):  
Sarah Rennie ◽  
Tim Connor ◽  
Annie Delaney ◽  
Shelley Marshall
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Supply Chains ◽  
Continuous Improvement ◽  
Trade Unions ◽  
Global South ◽  
Business Practices ◽  
Normative Framework ◽  
Business And Human Rights ◽  
High Level

This article is centrally concerned with the mechanisms and processes through which human rights in transnational business practices can be respected and remedied when breached, with a particular focus on workers’ rights in global garment supply chains. The United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘UNGPs’) represent a high-level attempt to provide a normative framework for these issues.

scholarly journals Putting the French Duty of Vigilance Law in Context: Towards Corporate Accountability for Human Rights Violations in the Global South?

2020 ◽  
Author(s):  
Almut Schilling-Vacaflor
Keyword(s):  
Human Rights ◽  
Political Ecology ◽  
Oil And Gas ◽  
Burden Of Proof ◽  
Field Research ◽  
Indigenous Communities ◽  
Global South ◽  
Corporate Accountability ◽  
Business And Human Rights ◽  
The Law

Abstract The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability.

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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