Jernej Letnar Cernic, Human Rights Law and Business: Corporate Responsibility for Fundamental Human Rights

Abstract

In the introductory chapter of this study, the research question is framed as follows: ‘Do corporations have fundamental human rights obligations and responsibilities relating to the fundamental human rights of individuals?’ (p. 6). Given the unquestionable economic, political and social power of large corporations in today's world, the answer by human rights academics and advocates is increasingly a resounding ‘yes’. It is not yet universally accepted by states or corporations themselves, however, and legally, it is still a moot point. The subjects of international law have traditionally been states. In the 20th century, the rise of international human rights law created a fundamental shift in this orthodoxy, allowing individuals to plead their case against their own state in an international setting. Human rights law casts the individual as victim; international criminal law now permits that individuals can also be held accountable internationally as perpetrators. However, as yet, little formal status is given in international human rights or criminal law to corporations, despite their considerable potential to affect human rights. There is no international treaty, court or ombudsman that holds corporations directly responsible for human rights violations.