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  

John Gerard Ruggie

Harvard University - Harvard Kennedy School (HKS)

John F. Sherman

Harvard University - Harvard Kennedy School (HKS)

Date Written: March 15, 2017

Abstract

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

Suggested Citation

Ruggie, John Gerard and Sherman, John F., The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: Reply to Professors Bonnitcha and Mccorquodale (March 15, 2017). European Journal of International Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2997128

John Gerard Ruggie (Contact Author)

Harvard University - Harvard Kennedy School (HKS) ( email )

79 John F. Kennedy Street
Cambridge, MA 02138
United States
617-384-7569 (Phone)
617-496-0063 (Fax)

John F. Sherman

Harvard University - Harvard Kennedy School (HKS) ( email )

79 John F. Kennedy Street
Cambridge, MA 02138
United States

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