SOAS Research Online

A Free Database of the Latest Research by SOAS Academics and PhD Students

[skip to content]

Muchlinski, Peter (2012) 'Rethinking International Corporate Social Responsibility: Due Diligence in the UN Framework on Business and Human Rights, the OECD Guidelines for Multinational Enterprises and in National Laws.' Notizie di politeia : rivista di etica e scelte pubbliche, 28 (106). pp. 83-99.

Full text not available from this repository.

Abstract

The UN Framework on Human Rights and Business comprises the State’s duty to protect human rights, the corporate responsibility to respect human rights, and the duty to remedy abuses. The corporate responsibility to respect rests upon the notion of human rights due diligence. This concept has been highly influential in the latest revision of the OECD Guidelines for Multinational Enterprises which has, for the first time, adopted a general principle of corporate due diligence in the observance of the corporate social responsibility standards it contains. This paper examines the impact of the emerging due diligence concept. It argues that its use in relation to social responsibility issues by corporate actors will lead to the creation of binding legal duties, at least at the level of national law. Principles of corporate and tort law can be adapted to this end. More problematic is the reform of international law given the absence of legal personality for corporations. Nonetheless the expectation to apply due diligence that is created by recent international developments has significant implications for the ethical duties and decision-making processes of corporate actors, as well as for the future development of legally binding duties under International Economic Law.

Item Type: Journal Article
SOAS Departments & Centres: Legacy Departments > Faculty of Law and Social Sciences > School of Law
ISSN: 11282401
Date Deposited: 12 Sep 2015 11:50
URI: https://eprints.soas.ac.uk/id/eprint/20677

Altmetric Data

There is no Altmetric data currently associated with this item.

Statistics

Download activity - last 12 monthsShow export options
Downloads since deposit
6 month trend
0Downloads
6 month trend
454Hits
Accesses by country - last 12 monthsShow export options
Accesses by referrer - last 12 monthsShow export options

Repository staff only

Edit Item Edit Item