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Violations of Human Rights in the Supply Chain: Conjoining Human Rights with Corporate Law in the Search for Accountability

Neijd, Mikaela (2003)
Department of Law
Abstract
The notion of corporate violations of human rights is gaining ground. Using an inductive method, this report explores the level of responsibility of multinational enterprise for violations of human rights law committed by business partners and affiliates, i.e. the ''imputability''. The topic is important as the ability to reconstruct the organizational structure provides corporate entities with means to deviate from liability. However, the conclusion indicates that the enacted incentives to comply with human rights along the supply chain are disjointed and not attuned to the reality of international business: domestic regulations lack coordination and applicable international norms are unsatisfactory both in numbers and scope. Having... (More)
The notion of corporate violations of human rights is gaining ground. Using an inductive method, this report explores the level of responsibility of multinational enterprise for violations of human rights law committed by business partners and affiliates, i.e. the ''imputability''. The topic is important as the ability to reconstruct the organizational structure provides corporate entities with means to deviate from liability. However, the conclusion indicates that the enacted incentives to comply with human rights along the supply chain are disjointed and not attuned to the reality of international business: domestic regulations lack coordination and applicable international norms are unsatisfactory both in numbers and scope. Having identified a discrepancy between policy aims and the law, four suggestions for improvement are subsequently analyzed: 1) legal recognition of multinational enterprises, 2) development of a distinct form of complicity for corporate entities, 3) construction of a particular form for corporate command responsibility, and 4) investigation of ways to capitalize on corporate codes of conduct. Finally, in a constructive attempt to consolidate objectives and conclusions drawn in the foregoing analysis, and by deploying a deductive method, it is proposed that a norm of accountability contingent on control be instituted. Keywords: public international law, human rights and business, corporate social responsibility, sub-contracting, imputability (Less)
Please use this url to cite or link to this publication:
author
Neijd, Mikaela
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Associationsrätt, Civilrätt; oklassificerad, Folkrätt
language
English
id
1560391
date added to LUP
2010-03-08 15:55:26
date last changed
2010-03-08 15:55:26
@misc{1560391,
  abstract     = {The notion of corporate violations of human rights is gaining ground. Using an inductive method, this report explores the level of responsibility of multinational enterprise for violations of human rights law committed by business partners and affiliates, i.e. the ''imputability''. The topic is important as the ability to reconstruct the organizational structure provides corporate entities with means to deviate from liability. However, the conclusion indicates that the enacted incentives to comply with human rights along the supply chain are disjointed and not attuned to the reality of international business: domestic regulations lack coordination and applicable international norms are unsatisfactory both in numbers and scope. Having identified a discrepancy between policy aims and the law, four suggestions for improvement are subsequently analyzed: 1) legal recognition of multinational enterprises, 2) development of a distinct form of complicity for corporate entities, 3) construction of a particular form for corporate command responsibility, and 4) investigation of ways to capitalize on corporate codes of conduct. Finally, in a constructive attempt to consolidate objectives and conclusions drawn in the foregoing analysis, and by deploying a deductive method, it is proposed that a norm of accountability contingent on control be instituted. Keywords: public international law, human rights and business, corporate social responsibility, sub-contracting, imputability},
  author       = {Neijd, Mikaela},
  keyword      = {Associationsrätt,Civilrätt; oklassificerad,Folkrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Violations of Human Rights in the Supply Chain: Conjoining Human Rights with Corporate Law in the Search for Accountability},
  year         = {2003},
}