International and Constitutional Approach of Business and Human Rights

13 Pages Posted: 17 Jul 2013

See all articles by Nora Chronowski

Nora Chronowski

Hungarian Academy of Sciences CSS Institute for Legal Studies

Date Written: June 30, 2013

Abstract

The main objective of business and human rights dialogue is to expand somehow the (international) human rights obligations to multinational enterprises, transnational companies and other business entities. It is more than the corporate social responsibility as softly tries to create enforceable duties for companies beyond the self-regulation, and establish the grounds of their accountability for human rights violations. In constitutional legal terms it leads to the question of third party effect of human rights on the one hand and extraterritorial jurisdiction of the national courts on the other. As a related problem, the constitutional background of the application of international law by the courts can also be mentioned. The study gives an overview on the efforts of the United Nations and the European Union for responsible business, and analyses the related constitutional difficulties with regard to the landmark Kiobel decision of the US Supreme Court.

Keywords: human rights law, international obligations, constitutional law, business enterpises

JEL Classification: K20

Suggested Citation

Chronowski, Nora, International and Constitutional Approach of Business and Human Rights (June 30, 2013). Available at SSRN: https://ssrn.com/abstract=2294129 or http://dx.doi.org/10.2139/ssrn.2294129

Nora Chronowski (Contact Author)

Hungarian Academy of Sciences CSS Institute for Legal Studies ( email )

Orszaghaz u 30.
Budapest, 1015
Hungary

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