Searching for Human Rights Norms for Corporate Conduct in Domestic Jurisprudence: A Bottom-Up Approach to International Law

Abstract

ABSTRACTThe application of human rights norms to the behaviour of corporations has challenged legal scholars for a long time. With few notable exceptions, studies dealing with the question have relied on interpretations of existing international instruments, not least decisions of human rights treaty bodies. The present article proposes an alternative approach referred to as a ‘bottom-up’ methodology: a pluralist and inductive approach to international law. It focuses on the human rights claims brought by individuals or local communities affected by corporate activity who seek redress through existing complaints mechanisms including domestic courts and the OECD National Contact Points. The assumption is that through their interpretation and application of international norms in their particular national context, these institutions act to clarify the ambit of corporate human rights obligations. The article asks: Which substantive human rights norms do domestic institutions apply to corporations? From which sources do they derive these norms? What is the underlying theory of responsibility?