David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 87 (2):433 - 451 (2009)
It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held accountable for violations of such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie's (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights
|Keywords||corporate responsibility human rights economic social and cultural rights sphere of influence sphere of responsibility due diligence|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Onora O'Neill (1996). Towards Justice and Virtue: A Constructive Account of Practical Reasoning. Cambridge University Press.
Joseph Raz (1986). The Morality of Freedom. Oxford University Press.
Citations of this work BETA
Edmund F. Byrne (2011). Business Ethics Should Study Illicit Businesses: To Advance Respect for Human Rights. [REVIEW] Journal of Business Ethics 103 (4):497-509.
Ivar Kolstad (2012). Human Rights and Positive Corporate Duties: The Importance of Corporate–State Interaction. Business Ethics 21 (3):276-285.
Matthew Murphy & Jordi Vives (2013). Perceptions of Justice and the Human Rights Protect, Respect, and Remedy Framework. Journal of Business Ethics 116 (4):781-797.
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 116 (4):799-814.
Andreas G. F. Hoepner, Thereza Raquel Sales Aguiar & Ravi Majithia (2014). The Level of Compliance with the International Code of Marketing of Breast-Milk Substitutes: Does It Matter to Stock Markets? Journal of Business Ethics 119 (3):329-348.
Similar books and articles
Duane Windsor (2010). Corporations and Global Human Rights. Proceedings of the International Association for Business and Society 21:1-11.
Sumner B. Twiss (2004). History, Human Rights, and Globalization. Journal of Religious Ethics 32 (1):39-70.
Marieke Leede Sébastien Mendea, Nicky Black Dorothée Baumann & Lindsay McShane Sara Lindeman (2010). Advancing the Business and Human Rights Agenda: Dialogue, Empowerment, and Constructive Engagement. Journal of Business Ethics 93 (1).
Aurora Voiculescu (2009). Human Rights and the New Corporate Accountability: Learning From Recent Developments in Corporate Criminal Liability. [REVIEW] Journal of Business Ethics 87 (2):419 - 432.
John Douglas Bishop (2008). For-Profit Corporations in a Just Society. Business Ethics Quarterly 18 (2):191-212.
Lutz Preuss & Donna Brown (2012). Business Policies on Human Rights: An Analysis of Their Content and Prevalence Among FTSE 100 Firms. [REVIEW] Journal of Business Ethics 109 (3):289-299.
Glen Whelan, Jeremy Moon & Marc Orlitzky (2009). Human Rights, Transnational Corporations and Embedded Liberalism: What Chance Consensus? [REVIEW] Journal of Business Ethics 87 (2):367 - 383.
Denis G. Arnold (2010). Transnational Corporations and the Duty to Respect Basic Human Rights. Business Ethics Quarterly 20 (3):371-399.
Robert McCorquodale (2009). Corporate Social Responsibility and International Human Rights Law. Journal of Business Ethics 87 (2):385 - 400.
Added to index2010-01-02
Total downloads17 ( #95,896 of 1,098,598 )
Recent downloads (6 months)1 ( #285,544 of 1,098,598 )
How can I increase my downloads?