Abstract

http://ssrn.com/abstract=2325994
 


 



Democratizing International Business and Human Rights by Catalyzing Strategic Litigation: The Guidelines for Multinational Enterprises and the U.N. Guiding Principles of Business and Human Rights from the Bottom Up


Larry Catá Backer


Pennsylvania State University - Dickinson School of Law

Nabih Haddad


Michigan State University - College of Education

Tomonori Teraoka


University of Tokyo

Keren Wang


Communication Arts & Sciences; Pennsylvania State University - School of International Affairs

September 14, 2013


Abstract:     
With the June 2011 endorsement of the U.N. Guiding Principles for Business and Human Rights by the U.N. Human Rights Council, the international community entered a new phase in the approach to the important work of developing global norms for economic activity with human rights impacts, irrespective of the states in which these occur. But the business and human rights project still privileges the state and the elite communities of enterprises, lawyers and civil society organizations that form the networks of norm creation and operationalization on which the objects of human rights discourse are dependent. To effectively implement the Guiding Principles requires an empowerment of all stakeholders down the supply and value chain. This empowerment must naturalize the substantive norms embedded in the Guiding Principles into the cultures of business activity shared by all stakeholders. This article, then, elaborates our initial framework for a three-phase approach for the Democratizing Human Rights/Catalyzing Strategic Litigation (DHR/CSL) initiative, which begins with knowledge production centered on focused toolkits, followed by the education/knowledge transmission phase that involves deployment of knowledge-product as toolkits through student centered training, education, and technical assistance; finally, the project will move towards the operationalization phase where large networks of stakeholders can both effectively and sustainably enforce business due diligence through the implementation of litigation/complaint strategies. The combination of knowledge creation, education/technical assistance and targeted litigation/complaint strategies may serve to overcome the problem of evolving the current development of business and human rights project from a bauble for the use of global elites and as an instrumental project to protect the privilege of states to a mechanics of asserting popular power through the mechanics of markets and the invocation of the international procedures which states themselves are bound to honor.

Number of Pages in PDF File: 56

Keywords: business due diligence, corporate social responsibility, education, human rights, international law, knowledge management, knowledge spiral cluster, nonprofit organizations, OECD, strategic litigation, Guiding Principles Business and Human Rights, Guidelines for Multinational Enterprises, NGO

JEL Classification: D63, D8, F53, I2, J8, K33, K41, L17, L3, M14

working papers series





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Date posted: September 17, 2013  

Suggested Citation

Backer, Larry Catá and Haddad, Nabih and Teraoka, Tomonori and Wang, Keren, Democratizing International Business and Human Rights by Catalyzing Strategic Litigation: The Guidelines for Multinational Enterprises and the U.N. Guiding Principles of Business and Human Rights from the Bottom Up (September 14, 2013). Available at SSRN: http://ssrn.com/abstract=2325994 or http://dx.doi.org/10.2139/ssrn.2325994

Contact Information

Larry Catá Backer (Contact Author)
Pennsylvania State University - Dickinson School of Law ( email )
University Park
239 Lewis Katz Building
University Park, PA 16802-1913
United States
814-863-3640 (Phone)
814-863-7274 (Fax)
HOME PAGE: http://backerinlaw.com
Nabih Haddad
Michigan State University - College of Education ( email )
Erickson Hall
East Lansing, MI 48824
United States
Tomonori Teraoka
University of Tokyo ( email )
Yayoi 1-1-1
Bunkyo-ku
Tokyo, 113-8657
Japan
Keren Wang
Communication Arts & Sciences ( email )
University Park
State College, PA 16802
United States
Pennsylvania State University - School of International Affairs ( email )
Lewis Katz Building
University Park, PA 16802
United States
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