Towards a new legal consensus on business and human rights: A 10th anniversary essay

IF 1.7 2区社会学 Q1 LAW

Netherlands Quarterly of Human Rights Pub Date : 2022-02-01 DOI:10.1177/09240519221076337

D. Augenstein

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引用次数: 3

Abstract

The article takes stock of developments in domestic and international law concerning the regulation of adverse human rights impacts by global business enterprises, one decade after the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) and the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (Maastricht Principles). It discusses these soft-law instruments in the light of long-standing systemic obstacles to holding business enterprises legally accountable for their global human rights impacts. The article argues for a new legal consensus on business and human rights, grounded in the increasing recognition by States that corporate respect for human rights should be brought under the purview of (international) human rights law. This consensus builds on the gradual convergence between the regulatory models that underpin the UNGPs and the Maastricht Principles, such that States’ domestic regulation of business enterprises with extraterritorial effect becomes anchored in international legal obligations towards foreign victims of business-related human rights violations.

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迈向商业与人权的新法律共识:十周年纪念论文

本文总结了《联合国工商业与人权指导原则》(UNGPs)和《关于国家在经济、社会和文化权利领域的治外法权义务的马斯特里赫特原则》(马斯特里赫特原则)通过十年后，有关管制全球工商企业不利人权影响的国内法和国际法的发展情况。鉴于长期存在的系统性障碍，使工商企业对其全球人权影响承担法律责任，本报告讨论了这些软法律文书。该条主张在工商企业和人权问题上达成新的法律共识，理由是各国日益认识到企业对人权的尊重应纳入(国际)人权法的范围。这一共识建立在支撑《联合国指导原则》和《马斯特里赫特原则》的监管模式之间逐渐趋同的基础上，从而使各国对具有治外法权效力的工商企业的国内监管成为对与工商有关的侵犯人权行为的外国受害者的国际法律义务的基础。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Netherlands Quarterly of Human Rights LAW-

CiteScore

2.40

自引率

6.20%

发文量

期刊介绍： Human rights are universal and indivisible. Their fundamental importance makes it essential for anyone with an interest in the field to keep abreast of the latest developments. The Netherlands Quarterly of Human Rights (NQHR) is an academic peer-reviewed journal that publishes the latest evolutions in the promotion and protection of human rights from around the world. The NQHR includes multidisciplinary articles addressing human rights issues from an international perspective. In addition, the Quarterly also publishes recent speeches and lectures delivered on the topic of human rights, as well as a section on new books and articles in the field of human rights. The Quarterly employs a double-blind peer review process, and the international editorial board of leading human rights scholars guarantees the maintenance of the highest standard of articles published.