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“Respect” Human Rights : Concept and Convergence

Mares, Radu LU (2014) In Law, Business and Human Rights: Bridging the Gap p.3-47
Abstract
The Guiding Principles on Business and Human Rights (‘GPs’) were unanimously endorsed in 2011 in the UN Human Rights Council and also recorded an unprecedented level of stakeholder support. Does this watershed signify a genuine convergence of expectations? Is the GPs’ conceptualization of the corporate ‘responsibility to respect’ (RtR) truly able to persuade and provide that focal point around which stakeholders can come together in a notoriously polarized debate? The main thesis is one that the UN Special Representative John Ruggie expressly denies: contrary to its name, the responsibility to ‘respect’ has a ‘protect’ component. The analysis examines why and how Ruggie constructed the RtR in the way he did. The ‘why’ is explained by the... (More)
The Guiding Principles on Business and Human Rights (‘GPs’) were unanimously endorsed in 2011 in the UN Human Rights Council and also recorded an unprecedented level of stakeholder support. Does this watershed signify a genuine convergence of expectations? Is the GPs’ conceptualization of the corporate ‘responsibility to respect’ (RtR) truly able to persuade and provide that focal point around which stakeholders can come together in a notoriously polarized debate? The main thesis is one that the UN Special Representative John Ruggie expressly denies: contrary to its name, the responsibility to ‘respect’ has a ‘protect’ component. The analysis examines why and how Ruggie constructed the RtR in the way he did. The ‘why’ is explained by the fundamental challenge coming from the separation of entities principle, unavoidable when the RtR is applied to multi-entity business enterprises. The ‘how’ reveals that Ruggie systematically reframed concepts, employed ingenious drafting techniques, used silence strategically, and fully capitalized on the strength and appeal of the ‘due diligence’ approach. The analysis exposes the strategy of change animating Ruggie’s efforts and the GPs attempt to facilitate the convergence of stakeholder expectations and the emergence of a polycentric governance regime. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
in
Law, Business and Human Rights: Bridging the Gap
editor
Bird, Robert C.; Cahoy, Daniel R. and Prenkert, Jamie Darin
pages
3 - 47
publisher
Edward Elgar Publishing
external identifiers
  • Scopus:84958121267
ISBN
9781782546610
language
English
LU publication?
yes
id
8d537648-ca1e-42e5-87ec-12885687154b
alternative location
http://rwi.lu.se/app/uploads/2014/03/Respect-Human-Rights-Concept-and-Convergence.pdf
date added to LUP
2016-05-04 15:47:46
date last changed
2016-11-29 11:08:54
@misc{8d537648-ca1e-42e5-87ec-12885687154b,
  abstract     = {The Guiding Principles on Business and Human Rights (‘GPs’) were unanimously endorsed in 2011 in the UN Human Rights Council and also recorded an unprecedented level of stakeholder support. Does this watershed signify a genuine convergence of expectations? Is the GPs’ conceptualization of the corporate ‘responsibility to respect’ (RtR) truly able to persuade and provide that focal point around which stakeholders can come together in a notoriously polarized debate? The main thesis is one that the UN Special Representative John Ruggie expressly denies: contrary to its name, the responsibility to ‘respect’ has a ‘protect’ component. The analysis examines why and how Ruggie constructed the RtR in the way he did. The ‘why’ is explained by the fundamental challenge coming from the separation of entities principle, unavoidable when the RtR is applied to multi-entity business enterprises. The ‘how’ reveals that Ruggie systematically reframed concepts, employed ingenious drafting techniques, used silence strategically, and fully capitalized on the strength and appeal of the ‘due diligence’ approach. The analysis exposes the strategy of change animating Ruggie’s efforts and the GPs attempt to facilitate the convergence of stakeholder expectations and the emergence of a polycentric governance regime.},
  author       = {Mares, Radu},
  editor       = {Bird, Robert C. and Cahoy, Daniel R. and Prenkert, Jamie Darin},
  isbn         = {9781782546610},
  language     = {eng},
  pages        = {3--47},
  publisher    = {ARRAY(0xa1e6488)},
  series       = {Law, Business and Human Rights: Bridging the Gap},
  title        = {“Respect” Human Rights : Concept and Convergence},
  year         = {2014},
}