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The Enforcement of Human Rights Obligations on Corporations

As partial fulfillment of the requirement for the degree LLB at the University of Pretoria, Alexander Van Der Laan wrote his dissertation on the enforcement of human rights obligations on corporations by analysing the limitations of international law with regard to human rights enforcement against corporations, summarised as follows:

Full Dissertation

The Problem

The protection of human rights remains one of the principal aims of international law. Additionally, there exists multiple sources of international law, such as the UN charter and Universal Declaration of Human Rights, which specifically refer to the protection of such rights. Despite this, there are still entities, such as corporations, which face no liability for human rights abuses.
For that reason the research problem that forms the basis of this essay is that the limitations of international law currently in place regarding corporations and other non-state entities have allowed for gross human rights violations to occur devoid of accountability.

The Assumptions

This essay is based on the following assumptions:

Firstly, that international law remains an important and vital source of human rights enforcement globally, and yet it is found to be inefficient when regulating the actions of non-state parties.

Secondly, there are domestic law solutions in place that can be considered in the absence of international law jurisdiction. However, these domestic law solutions are often also found to be lacking in effectiveness.

Thirdly, corporations such as those found in case law, have continued to avoid accountability through both domestic and international law, due to this lack of jurisdiction.
Fourthly, the most favoured approach with regard to human rights obligations being imposed on corporations remains an indirect approach whereby states are held liable for the actions of MNCs within their jurisdiction.

Finally, there exist few other resources available to victims of human rights abuses to utilise and therefore it would be valuable to analyse which international mechanism could best be adapted to address these infringements.

The Research Aims

The aim of this dissertation is to show the uncertainity regarding the regulation of multinational corporations. It will also address how human rights violations are implied to be regulated domestically, when in truth this is often not the case. It will then go on to show how this lack of legal certainity has created an environment where victims of corporate human rights abuses go without justice.
The practical aim of this dissertation is to highlight the need for more discussion regarding the actions of corporations in an international law context regarding the violation of human rights, and to contribute to the pursuit of effective global human rights protection.


The Chapter Overview

Chapter two will look at the multiple cases in which corporations have violated human rights laws. I will go into detail with regard to the different ways in which corporations can implicate themselves in human rights violations. Secondly I will specifically discuss the Kiobel and Apartheid reparations cases, which provide a better understanding of the current international law position regarding corporations. Finally, in order to establish a basis for the rest of the dissertation I will discuss other cases which have also dealt with corporate human rights abuses.

In chapter three I will then discuss the current position of international law with regard to corporations as well as human rights in general. This will help to identify to what extent international law is intended to protect human rights. I will discuss multiple sources of human rights within international law and how and to whom they are enforced.

In chapter four I will go into depth regarding the obligations that international law has imposed on corporations so far, both directly and indirectly. I will also discuss whether corporations are ‘subjects’ under international law and what impact this has on the enforcement of such laws. I will then discuss the possible enforcement mechanisms that could be utilised to aid in the protection of human rights. Finally I will also address the issue of ‘corporate complicity’.

Chapter five will explore possible alternatives which could also be used to promote the enforcement of human rights against corporations. I will go into detail regarding the Alien Tort Statute, discussing both its advantages and short comings. Finally I will look at other possible institutions that could aid in international human rights enforcement.

Finally, in the concluding chapter I will provide a conclusion to the dissertation and provide possible suggestions as to how one would proceed with the discussion on corporate liability. I will also highlight which aspects need to be considered when one looks to broaden the jurisdiction of international law to include corporations.

The Conclusion

The purpose of this dissertation is to prove that even though international law aims to enact and protect human rights, the current position remains inadequate in providing relief for victims of human rights infringements where the perpetrators are corporations.  Furthermore, this dissertation will provide insight into the possibility of corporate liability and the possible enforcement mechanisms that could be utilised to enforce these corporate obligations.

Prepared by Alexander Van Der Laan under the supervision of Professor Dire Tladi at the University of Pretoria.



24 October 2016


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