Human Rights and Corporations: An Appeal for the Establishment of Greater Accountability and Responsibility for Multinational Corporations Under the ILO Framework

10 Pages Posted: 24 Jun 2010

See all articles by Aishwarya Padmanabhan

Aishwarya Padmanabhan

West Bengal National University of Juridical Sciences

Date Written: June 1, 2010

Abstract

Globalization has in the last few decades assumed a prominent position in the international trade and in contemporary societies worldwide. In this way, it has stirred a number of positive and negative developments in national and international environments. Globalization has been characterized by the rise of the economic, social and political power of corporations. These corporations, particularly transnational corporations (TNCs/MNCs), appear to have benefited the most from the changed and interconnected world. But, unfortunately, their operations have led to a large extent to the blatant and flagrant violation of human rights and miscarriage of justice. It is submitted that when an individual’s human rights have been violated by, or involving, corporations, he/she should have access to a court or quasi-judicial mechanism at the international level to enforce responsibility of the perpetrator and to remedy his/her violations. The present research paper discusses and critically analyses the Tripartite Declaration of Principles Concerning MNEs and Social Policy of the International Labour Organization (ILO) - one of the major international instruments in relation to corporate responsibility for human rights- and potential access of the victims to this quasi-judicial international regime.

On the basis of this analysis the conclusion discusses whether existing international extrajudicial mechanisms under the International Labour Organization could serve as a point of departure for binding human rights obligations of corporations. It further argues that given the current lack of a legally binding international document on human rights obligations in the world of transnational business, the focus on work towards legally-enforceable, existing international standards must be sharpened and new standards should be drafted.

Keywords: human rights, multinational corporations, ILO, globalisation

JEL Classification: K31

Suggested Citation

Padmanabhan, Aishwarya, Human Rights and Corporations: An Appeal for the Establishment of Greater Accountability and Responsibility for Multinational Corporations Under the ILO Framework (June 1, 2010). Available at SSRN: https://ssrn.com/abstract=1629444 or http://dx.doi.org/10.2139/ssrn.1629444

Aishwarya Padmanabhan (Contact Author)

West Bengal National University of Juridical Sciences ( email )

12, LB Block, Sector III
Salt Lake City
Kolkata, West Bengal 700 064
India

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