星期四, 九月 28, 2006

Accountability: Think about Human Rights

If we assume (or believe) that business entities can (and shall) bear human rights duties and accountabilities towards individuals, how can we justify this within the contemporary international human rights legal framework?

Please try to take into consideration of following arguments into your answer:

1. Is there any inherent difference between “(legal) rights” and “human rights”, and is there any particular implication for “human rights violations”?

2. Is “horizontal effect” doctrine an adequate justification or a persuasive explanation for the human rights accountability of business entities?

3. Can the naturl law theory (also the nature of human rights) assume human rights responsibility upon business entities, which enjoys equal legal status within national legal system?

4. Can the expanding explanation of certain provisions and terms within some international human rights instrument accommodate the theoretical needs and practical developments of human rights influences of business?

5. Shall business be conscious of the human rights obligations of a State during its operation in the State? On the other hand, shall a State implement the “rights-based approach” of development when regulating, promoting and dealing with business?

6. What if business operates in a way that is complying with the national laws and regulations of the host State but contrary to the international human rights obligations of the State? How to defined and distinguish in this case human rights responsibility of the State and that of the business? Bear in mind that, international human rights obligations can derive from certain peremptory norms, and customary rules.

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