THE HISTORY OF CORPORATE RESPONSIBILITY FOR HUMAN RIGHTS VIOLATIONS

Year: 
2024

Article:

Issue: 
1

UDC: 
341
DOI: 
10.34076/22196838_2024_1_5
Author(s): 

Moiseev Konstantin

Postgraduate, Ural State Law University University named after V. F. Yakovlev (Yekaterinburg), ORCID: 0009-0006-6315-8042, e-mail: k.moiseev98@gmail.com.

Author(s): 
Moiseev Konstantin
Abstract: 

The article considers the development of institution of corporate responsibility for human rights violations. It is noted that the protection of human rights was one of the main areas of development of international law in the XX century, which led, among other things, to the expansion of subjects that are responsible for respecting human rights. The further development of the subject of business responsibility to respect human rights is associated with the adoption of the OECD Guiding Principles for Multinational Enterprises, the UN Global Compact and the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Respect to Human Rights, which were later to become the basis for legally binding human rights instruments. The work of the Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises, which culminated in the UN Guiding Principles on Business and Human Rights, has been important for the development of the subject of business responsibility to respect human rights. Among other key developments, the author highlights the Ogoni people’s struggle with the Shell Corporation, and the creation of the Sullivan Principles. It is noted that the work of judges in the US and Europe and standard-setting at the EU level also develops and expands the responsibilities of TNCs. The author emphasizes the key trend of standard-setting in the area of corporate responsibility for human rights violations – the struggle between binding and non-binding approaches, which each time leads to the rejection of a legally binding international act in this area.

Key words: 

transnational corporations, human rights, responsibility

For citation: 

Moiseev K. (2024) The history of corporate responsibility for human rights violations. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 1, pp. 5–19, DOI: https://doi.org/10.34076/22196838_2024_1_5.

Text of the article: 

Publication date: 
Tuesday, 04.06.2024

English