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Article

10 Nov 2011

Author:
Jacob Mchangama, Director of legal affairs at think tank CEPOS & external lecturer in intl. human rights law at University of Copenhagen

Businesses and Human Rights: Why free countries should resist the newest wrinkle in international law

Once again, the international community appears to be on autopilot in imposing human-rights standards that make no theoretical or practical sense. The very notion of businesses’ being directly responsible for human rights is in many ways a nonsequitur. From a purely legal point of view, it contradicts the fundamental nature of human rights in claiming that businesses — which are parts of civil society — have human-rights obligations under international law...But even if one accepts a dynamic interpretation of human-rights law, the OECD and U.N. guidelines are deeply problematic...It is also true that there have been numerous examples of TNCs colluding with authoritarian governments in ways that result in the repression and even killing of innocent citizens. But such behavior typically takes place in countries where the host state violates basic human rights anyway and operates outside the rule of law. [Ford, General Electric, McDonald’s, Sony, Nike, Google, Coca-Cola, Walmart]