{"title":"The Rise of Transnational Corporations in the Human Rights Age-Attaining Sustainable Development while Respecting Human Rights","authors":"Tali Israel Tali","doi":"10.2139/ssrn.3387979","DOIUrl":null,"url":null,"abstract":"We can no longer afford to bury our heads in the sand for we must appreciate the reality which is that private individuals and bodies such as clubs and companies wield great power over individual citizenry who should, as of necessity, be protected from such non-state bodies who may for instance discriminate unfairly or cause other constitutional breaches It is beyond peradventure that, non-state actors such as transnational corporations wield much power and often violate human rights. As opposed to the traditional view, such non state actors too have a responsibility to respect and promote human rights. This paper discusses the extent to which non-state actors are held responsible for human rights violation both under international human rights law as well as under comparative constitutional law. Philosophical as well as theoretical justifications for adopting such a position to hold non state actors responsible for human rights violations are also discussed.","PeriodicalId":48724,"journal":{"name":"Law Probability & Risk","volume":"215 1","pages":""},"PeriodicalIF":1.4000,"publicationDate":"2021-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law Probability & Risk","FirstCategoryId":"100","ListUrlMain":"https://doi.org/10.2139/ssrn.3387979","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
We can no longer afford to bury our heads in the sand for we must appreciate the reality which is that private individuals and bodies such as clubs and companies wield great power over individual citizenry who should, as of necessity, be protected from such non-state bodies who may for instance discriminate unfairly or cause other constitutional breaches It is beyond peradventure that, non-state actors such as transnational corporations wield much power and often violate human rights. As opposed to the traditional view, such non state actors too have a responsibility to respect and promote human rights. This paper discusses the extent to which non-state actors are held responsible for human rights violation both under international human rights law as well as under comparative constitutional law. Philosophical as well as theoretical justifications for adopting such a position to hold non state actors responsible for human rights violations are also discussed.
期刊介绍:
Law, Probability & Risk is a fully refereed journal which publishes papers dealing with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership includes academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning.
The primary objective of the journal is to cover issues in law, which have a scientific element, with an emphasis on statistical and probabilistic issues and the assessment of risk.
Examples of topics which may be covered include communications law, computers and the law, environmental law, law and medicine, regulatory law for science and technology, identification problems (such as DNA but including other materials), sampling issues (drugs, computer pornography, fraud), offender profiling, credit scoring, risk assessment, the role of statistics and probability in drafting legislation, the assessment of competing theories of evidence (possibly with a view to forming an optimal combination of them). In addition, a whole new area is emerging in the application of computers to medicine and other safety-critical areas. New legislation is required to define the responsibility of computer experts who develop software for tackling these safety-critical problems.