Fundamental Rights Protection and the Challenge of Non-State Lawmaking

13 Pages Posted: 18 Aug 2020

See all articles by Bamdad Shams

Bamdad Shams

Institut d'Etudes Politiques de Paris (Sciences Po); Institut d'Etudes Politiques de Paris (Sciences Po), Sciences Po Law School - Ecole de Droit de Sciences Po

Date Written: July 16, 2020

Abstract

The notion of fundamental rights is usually used to refer to a broad set of rights and freedoms recognized as ‘fundamental’ owing to their rank in the hierarchy of norms within the state’s legal system. Through this interpretation, states and sub-state public entities are solely required to take active measures to ensure the promotion and the protection of these rights. However, for the last ten years, powerful non-state actors such as multinational corporations and NGOs have created fundamental rights instruments beyond state legal systems. These new instruments have brought dramatic changes in fundamental rights protection, imposing on different private economic actors such as corporations, subsidiaries, subcontractors, suppliers, and commercial partners a positive duty to protect and promote fundamental rights when doing business with other parties. It will be demonstrated that there is a global shift from a classical perspective of fundamental rights based on the promotion and protection of these rights by state actors to a non-state perspective of fundamental rights based on the promotion and protection of these rights by private economic actors.

Keywords: Fundamental Rights; Legal Pluralism; Corporate Social Responsibility; Non-State Actors

JEL Classification: K10

Suggested Citation

Shams, Bamdad and Shams, Bamdad, Fundamental Rights Protection and the Challenge of Non-State Lawmaking (July 16, 2020). Available at SSRN: https://ssrn.com/abstract=3652990 or http://dx.doi.org/10.2139/ssrn.3652990

Bamdad Shams (Contact Author)

Institut d'Etudes Politiques de Paris (Sciences Po), Sciences Po Law School - Ecole de Droit de Sciences Po ( email )

13 rue de l'Universite
Paris, 75007
France

Institut d'Etudes Politiques de Paris (Sciences Po) ( email )

27 rue Saint-Guillaume
Paris Cedex 07, 75337
France

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