Sweeping in front of the own door: Is it possible to hold corporations accountable for human rights violations under modern international law in the context of binding Business and Human Rights Treaty?

Abstract

It has been generally accepted that nowadays corporations obtained more political and financial power than States. Considering controversial legal nature of this multinational entities there is currently no enforceable legal mechanism that can hold them accountable for human rights violations. Existing regulatory initiatives proved to be weak and ineffective with no binding power to impose human rights obligations on corporations. However, close examination and analyses of positive international law doctrine demonstrates that it is possible to hold corporations accountable under binding Business and Human Rights Treaty. The modern debate on binding human rights instrument was triggered by the proposal initiated by some states, initially by South Africa and Ecuador.

This dissertation discusses whether the binding Business and Human Rights Treaty is necessary in order to hold corporations accountable under international law. First part addresses historical development of business and human rights debate, inter alia, codes of conduct and existing human rights initiatives. Second part of this research analyses direct and indirect approaches including comprehensive examination of corporate accountability and responsibility of states to protect human rights. Final part of this research is focused on the discussion in relation to the possibility of the adoption of binding international treaty, including content, limitations and recommendations for the future research. This part argues that Business and Human Rights Treaty is a necessary instrument that needs to be urgently considered and adopted by international community.