Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again

Journal of International Criminal Justice, Vol. 8, pp. 725-743, 2010

17 Pages Posted: 28 Aug 2010 Last revised: 24 Feb 2015

See all articles by Larissa van den Herik

Larissa van den Herik

Leiden University

Jernej Letnar Cernic

Faculty of Government and European Studies, New University

Date Written: August 27, 2010

Abstract

The discussion on corporate human rights obligations has been ongoing for some time. More recently, the potential for corporate accountability under a new domain of international law, namely international criminal law, is being explored. This raises questions as to the interrelationship between and the intersection of the two fields of international law. This article argues that the intricacies of accepting corporations as duty-bearers of human rights obligations are of a quite distinct nature than those permeating the international criminal law debate. Moreover, the corporate violations at stake are to a very large extent of a different nature. It is thus argued that the discussions on corporate liability in the two fields of international law run parallel rather than directly intersecting. The debate on corporate human rights obligations may well be informed by potential future developments within international criminal law, but international criminal law is not the panacea that solves all theoretical and practical obstacles surrounding the debate on corporate human rights obligations.

Keywords: international law, corporate human rights obligations, corporations, international criminal law, international human rights law, accountability

JEL Classification: K33, K29

Suggested Citation

van den Herik, Larissa and Letnar Cernic, Jernej, Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again (August 27, 2010). Journal of International Criminal Justice, Vol. 8, pp. 725-743, 2010, Available at SSRN: https://ssrn.com/abstract=1666765

Larissa Van den Herik

Leiden University ( email )

Postbus 9500
Leiden, Zuid Holland 2300 RA
Netherlands

Jernej Letnar Cernic (Contact Author)

Faculty of Government and European Studies, New University ( email )

Zanova ulica 3
Kranj, 4000
Slovenia

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