Reimagining Human Rights Law: Toward Global Regulation of Transnational Corporations
55 Pages Posted: 23 Dec 2010 Last revised: 14 Nov 2013
Date Written: December 21, 2010
This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to encourage the development of other forms of human rights law, for example, global human rights law and national human rights law. Second, establish global human rights law as a sub-category of human rights law and create a new global human rights regime with three main elements: a Global Law Commission, global laws and regulations, and universal civil jurisdiction.
Keywords: human rights, global law, transnational corporations, universal civil jurisdiction, Global Law Commission, Global Corporate Citizenship
JEL Classification: A13, F01, F02
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