This study argues that corporations have obligations in relation to fundamental human rights, for which there appears to exist a value consensus across different cultures and societies. This study argues that the normative thrust of fundamental human rights obligations of corporations derive primarily from national legal orders and only secondarily from the international level, whereas both draw their foundations from an international value system. This argument is backed by an empirical study of sixty-five national legal orders in relation to corporate fundamental human rights obligations. Thirdly, it argues that fundamental human rights obligations may also derive from unilateral commitments by corporations themselves. This study thereafter proposes a normative framework of obligations to respect, protect and fulfil fundamental human rights. In other words, it argues that both corporations and states have an obligation to respect, protect and fulfil fundamental human rights. The study employs a holistic approach which identifies a three-fold responsibility for fundamental human rights violations by or involving corporations: corporate, individual and state responsibility. In this light, it argues for concurrence between corporate, individual and state responsibility, where possible. Identifying obligations and responsibility is only one of the aspects of the idea of corporate responsibility. As important is the question of how one can respond to fundamental human rights violations by corporations. As international mechanisms are often non-effective, and even non-existent, the provision of effective remedies for victims of fundamental human rights violations by or involving corporations, this study argues, rests where fundamental human rights are best protected within the national normative frameworks. The final aim is to develop the normative framework <i>de lege</i> <i>ferenda</i>. This study makes thirteen recommendations on how to improve the normative framework for corporate responsibility for fundamental human rights.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:499311 |
| Date | January 2008 |
| Creators | Černič, Jernej Letnar |
| Publisher | University of Aberdeen |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=25748 |
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