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74 U. Cin. L. Rev. 55 (2005-2006)
Business and Human Rights

handle is hein.journals/ucinlr74 and id is 67 raw text is: BUSINESS AND HUMAN RIGHTS

David Weissbrodt*
I. INTRODUCTION
Whether it is Nazi industrialists using slave labor from concentration
camps or central African rebels exploiting local farmers and natural
resources to supply international businesses, human rights atrocities are
all too often committed in the name of corporate profitability. The
international community's tendency to look the other way has been
similarly, and regrettably, frequent. Although some treaties could be
interpreted as applying to non-state entities, most of the development of
international law has focused on state actors. As human rights abuses
have persisted worldwide, so too have various attempts to establish
international standards for corporate actions. Those efforts have been
less than productive, however, because they have largely been without
strong implementation methods or support from the United Nations.
But now, the United Nations has begun to develop a significant
international standard: Norms on the Responsibilities of Transnational
Corporations and Other Business Enterprises with Regard to Human
Rights (the Norms). While maintaining a state's duty to enforce human
rights, the Norms go a long way toward ensuring that international
companies respect workers' equality of opportunity and treatment; avoid
corruption; follow national and local laws; and protect the environments
and residents where they operate. The U.N. Sub-Commission on the
Promotion and Protection of Human Rights has approved the Norms and
has submitted them to the U.N. Commission on Human Rights. While
issues with the proposed Norms remain to be resolved, the Norms
represent a crucial step toward ensuring international corporate social
responsibility.
This Article begins with a discussion of why one should be concerned
with, or at least interested in, the human rights conduct of corporations.
* Regents Professor and Fredrikson & Byron Professor of Law, University of Minnesota. The
author served as a member of the U.N. Sub-Commission on the Promotion and Protection of Human
Rights 1996-2003. He was elected the Chairperson of the Sub-Commission for 2001-2002. He also
served as a member of the Sub-Commission's Working Group on the Working Methods and Activities
of Transnational Corporations. This Article, however, reflects his views and not necessarily the
positions of those institutions. The author wishes to thank Muria Kruger, Bridget Marks, and Mary
Rumsey for their assistance in preparing this Article.

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