The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: Reply to Professors Bonnitcha and Mccorquodale
European Journal of International Law, Forthcoming
14 Pages Posted: 7 Jul 2017
Date Written: March 15, 2017
This paper resists the tendency on the part of many traditional international human rights legal scholars to view the regulation of transnational corporations through state-based legal lenses. Bonnitcha and McCorquodale claim to find a flaw in the concept of corporate human rights due diligence in the UN Guiding Principles on Business and Human Rights, and propose to "fix" it by analogizing from the due diligence required of states under international human rights law. As a result of their "fix," among other things transnationals would have fewer remedial responsibilities.
Keywords: transnational corporations, international human rights law, regulation
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