The Ruggie Framework, Tort Law and Business Human Rights Self-Regulation: Increasing Standards through Mutual Impact and Learning

Abstract

This article discusses the relationship among John Ruggie's 'Protect, Respect and Remedy Framework' and the the UN Guiding Principles on Business and Human Rights, tort law and transnational business human rights self-regulation. In a first step, it highlights the parallels between the recent attempts to impose human rights obligations on transnational corporations, as laid down in the Ruggie Framework and Guiding Principles, and tort law principles, doctrine and interpretation, in light of recent development related to the specific responsibilities of parent companies for their subsidiaries' activities and of core companies for their supply chains. In a second step, it analyses the potential for progressive mutual impacts and mutual learning not only between tort law and public international soft law but especially with regard to the legal effects of transnational (self-regulatory) regimes and best practices. The article argues that these transnational (self-regulatory) regimes and best practices constitute legal minimum standards, particularly with respect to corporation-wide or supply chain-wide tortious responsibility. Thus, the interplay between the Ruggie Framework and Guiding Principles, transnational business self-regulation and tort law could lead to an upward helix development of the consideration of human rights in corporate practice and in raising legal requirements for parent and core companies.