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Implementing the New UN Corporate Human Rights Framework: Implications for Corporate Law, Governance, and Regulation

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  • Muchlinski, Peter

Abstract

The UN Framework on Human Rights and Business comprises the State’s duty to protect human rights, the corporate responsibility to respect human rights, and the duty to remedy abuses. This paper focuses on the corporate responsibility to respect. It considers how to overcome obstacles, arising out of national and international law, to the development of a legally binding corporate duty to respect human rights. It is argued that the notion of human rights due diligence will lead to the creation of binding legal duties and that principles of corporate and tort law can be adapted to this end. Furthermore, recent legal developments accept an “enlightened shareholder value†approach allowing corporate managers to consider human rights issues when making decisions. The responsibility to respect involves adaptation of shareholder based corporate governance towards a more stakeholder oriented approach and could lead to the development of a new, stakeholder based, corporate model.

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  • Muchlinski, Peter, 2012. "Implementing the New UN Corporate Human Rights Framework: Implications for Corporate Law, Governance, and Regulation," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 145-177, January.
    • Handle: RePEc:cup:buetqu:v:22:y:2012:i:01:p:145-177_00
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    Cited by:

    1. Björn Fasterling & Geert Demuijnck, 2013. "Human Rights in the Void? Due Diligence in the UN Guiding Principles on Business and Human Rights," Journal of Business Ethics, Springer, vol. 116(4), pages 799-814, September.
    2. Obara, Louise J. & Peattie, Ken, 2018. "Bridging the great divide? Making sense of the human rights-CSR relationship in UK multinational companies," Journal of World Business, Elsevier, vol. 53(6), pages 781-793.
    3. Marisa McVey & John Ferguson & François-Régis Puyou, 2023. "“Traduttore, Traditore?” Translating Human Rights into the Corporate Context," Journal of Business Ethics, Springer, vol. 182(3), pages 573-596, January.
    4. John Gerard Ruggie, 2018. "Multinationals as global institution: Power, authority and relative autonomy," Regulation & Governance, John Wiley & Sons, vol. 12(3), pages 317-333, September.
    5. Maximilian J. L. Schormair & Lara M. Gerlach, 2020. "Corporate Remediation of Human Rights Violations: A Restorative Justice Framework," Journal of Business Ethics, Springer, vol. 167(3), pages 475-493, December.
    6. Davide Fiaschi & Elisa Giuliani, 2011. "The impact of business on society: exploring CRS adoption and alleged human rights abuses by large corporations," LEM Papers Series 2011/13, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
    7. Karl P. Sauvant, 2021. "Improving the distribution of FDI benefits: The need for policy-oriented research, advice, and advocacy," Journal of International Business Policy, Palgrave Macmillan, vol. 4(2), pages 244-261, June.
    8. Karin Buhmann, 2016. "Public Regulators and CSR: The ‘Social Licence to Operate’ in Recent United Nations Instruments on Business and Human Rights and the Juridification of CSR," Journal of Business Ethics, Springer, vol. 136(4), pages 699-714, July.
    9. Anselm Schneider & Andreas Scherer, 2015. "Corporate Governance in a Risk Society," Journal of Business Ethics, Springer, vol. 126(2), pages 309-323, January.
    10. Judith Schrempf-Stirling, 2018. "State Power: Rethinking the Role of the State in Political Corporate Social Responsibility," Journal of Business Ethics, Springer, vol. 150(1), pages 1-14, June.
    11. Lauwo, Sarah & Otusanya, Olatunde Julius, 2014. "Corporate accountability and human rights disclosures: A case study of Barrick Gold Mine in Tanzania," Accounting forum, Elsevier, vol. 38(2), pages 91-108.
    12. Elisa Giuliani & Annamaria Tuan & José Calvimontes Cano, 2021. "Creating Shared Value Meets Human Rights: A Sense-Making Perspective in Small-Scale Firms," Journal of Business Ethics, Springer, vol. 173(3), pages 489-505, October.
    13. Judith Schrempf-Stirling & Florian Wettstein, 2017. "Beyond Guilty Verdicts: Human Rights Litigation and its Impact on Corporations’ Human Rights Policies," Journal of Business Ethics, Springer, vol. 145(3), pages 545-562, October.
    14. Onyeka K. Osuji & Ugochukwu L. Obibuaku, 2016. "Rights and Corporate Social Responsibility: Competing or Complementary Approaches to Poverty Reduction and Socioeconomic Rights?," Journal of Business Ethics, Springer, vol. 136(2), pages 329-347, June.
    15. Hannes Hofmann & Martin C. Schleper & Constantin Blome, 2018. "Conflict Minerals and Supply Chain Due Diligence: An Exploratory Study of Multi-tier Supply Chains," Journal of Business Ethics, Springer, vol. 147(1), pages 115-141, January.
    16. Rashmi Venkatesan, 2019. "The UN Framework on Business and Human Rights: A Workers’ Rights Critique," Journal of Business Ethics, Springer, vol. 157(3), pages 635-652, July.
    17. Kapoor, Ishaan & Pratt-Rogers, William & Kahraman, Muhammet Mustafa, 2022. "The problem of conflict minerals: A review of current approaches and a web 3.0 inspired road ahead," Resources Policy, Elsevier, vol. 79(C).
    18. Muel Kaptein, 2017. "The Battle for Business Ethics: A Struggle Theory," Journal of Business Ethics, Springer, vol. 144(2), pages 343-361, August.
    19. Ken McPhail, 2013. "A Rejoinder to Commentaries on 'Corporate Responsibility to Respect Human Rights and Business Schools' Responsibility to Teach It'," Accounting Education, Taylor & Francis Journals, vol. 22(4), pages 421-424, August.
    20. Walaa Wahid ElKelish*, 2023. "Accounting for Corporate Human Rights: Literature Review and Future Insights," Australian Accounting Review, CPA Australia, vol. 33(2), pages 203-226, June.

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