Beyond Ruggie’s Guiding Principles on Business and Human Rights: Charting an Embracive Approach to Corporate Human Rights Compliance

Abstract

To what extent should or must a corporation contemplate international human rights law? Following a brief discussion of the increasing influence of transnational corporations and global business transactions, as well as the growth of the international human rights system, this Article uses the 2011 United Nations’ Guiding Principles on the effective prevention of, and remedy for, business-related human rights harm as a jumping-off point for addressing the most recent developments related to identifying and regulating business-related human rights practices. After identifying an emerging divide between endorsement and criticism of the Guiding Principles, the Article concludes with a forward-looking view, arguing that although the Guiding Principles may represent a good starting point, corporations genuinely concerned with ensuring the effective minimization or elimination of exposure to potentially embarrassing and costly human rights liabilities should be prepared to apply a more rigorous approach.

Keywords: corporate social responsibility, Ruggie, business, human rights, Guiding Principles, United Nations, Global Compact, Guidelines for Multinational Enterprises, transnational corporations, alien tort, kiobel, acta, CSR

JEL Classification: F20, F23, K2, L21, M14, L2, M00, O19, K33, M1,G3, G38