Legal Regulation Of Business And Human Right

With the development of economic globalization,corporations play an increasingly important role in global economic and politic structures.At the same time,business activities have exerted great negative human rights impact against employees,consumers,and residents from communities.The current theory of corporate social responsibility can no longer satisfy the need to prevent the human rights violations of corporations.In order to establish human rights obligations among states and corporations,and to seek legal remedies for victims,a legally binding business and human rights treaty must be established.In the first three chapters,this thesis focuses on the necessity of establishing a business and human rights treaty.First,this thesis argues the legal foundation of corporate human rights obligations.Second,it analyzes defects in the current international regulation framework on the issue of business and human rights.Third,this thesis explains the reasons behind corporate human right violations.The arguments mentioned above are aimed at demonstrating the necessity of negotiating a business and human right treaty.In addition,in the last two chapters of this thesis,the author describes the content of state and corporate human rights obligations,and suggests a framework and core clauses fora state and corporate human rights treaty.The first chapter focuses on the origin of the concepts of Business and Human Rights(BHR)and history of Corporate Social Responsibility(CSR)by comparing business with human rights and corporate social responsibility.The transformation from CSR to BHR has become an irresistible trend.The first chapter clarifies the contents of corporate human right obligation by distinguishing both the concept of corporate accountability and human rights obligations within CSR.The second chapter explains the practical reasons for frequent human rights violations in companies,and proves the necessity and practical value of the establishment of the BHR treaty.Then the second chapter demonstrates the content of human rights obligations by defining the state and the company as the main body of BHR convention.The third chapter demonstrates the theoretical basis of the human rights obligations of the company.The fourth chapter enumerates international human rights law,soft law and voluntary industry norms on BHR issues in the current international framework,and analyzes the shortcomings of the existing framework.In the fifth chapter,the author recommends a general idea of the content of the convention.Combined with the discussion and theory from the previous chapters,the author also proposes legal provisions,general issues and core provisions of the treaty.The conclusion of this paper is that the establishment of a treaty requiring the state and the company to undertake human rights obligations is rooted in legal theoretical basis as well as necessity in practice.Companies should undertake their obligation to respect human rights and protect them from violations of their business activities.States should also abide by their obligations to respect,protect and promote human rights.The treaty on business and human rights should address human rights challenges for stakeholders in corporate business activities by recognizing and regulating human rights obligations of states and corporations,providing victims with an effective remedy,and providing monitoring mechanisms for the implementation of the treaty.