Reimagining Human Rights Law: Toward Global Regulation of Transnational Corporations

55 Pages Posted: 23 Dec 2010 Last revised: 14 Nov 2013

Rachel J. Anderson

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: December 21, 2010

Abstract

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

Suggested Citation

Anderson, Rachel J., Reimagining Human Rights Law: Toward Global Regulation of Transnational Corporations (December 21, 2010). Denver University Law Review, Vol. 88, p. 183, 2010; UNLV William S. Boyd School of Law Legal Studies Research Paper . Available at SSRN: https://ssrn.com/abstract=1729427

Rachel J. Anderson (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

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