indah mei - Academia.edu (original) (raw)
Papers by indah mei
SSRN Electronic Journal, 2012
It is increasingly accepted now by diverse interests groups-from corporate executives to sharehol... more It is increasingly accepted now by diverse interests groups-from corporate executives to shareholders, institutional investors, states, international organizations, academics, trade unions, civil society organizations and consumers-that companies have certain social responsibilities that extend beyond maximizing profit for shareholders within the narrow compass of the 'rules of the game'. 1 There is less agreement, however, on the nature or scope of these responsibilities. The Guiding Principles on Business and Human Rights (GPs)-drafted by Professor John Ruggie, the former UN Secretary General's Special Representative on the issue of human rights and transnational corporations (SRSG) 2-seek to provide some clarity on the human rights responsibilities of companies. On 16 June 2011, the UN Human Rights Council (HRC) endorsed the GPs. 3 This article aims to examine the implications that the GPs, as well as the 'protect, respect and remedy' framework (hereinafter 'Framework') on which the GPs are based, have for companies. Before elaborating such implications, I will explain the background and context in which the GPs were drafted and adopted. This will help in understanding the significance of GPs for companies. Moreover, since the GPs have been widely applauded (to the extent of being labelled as an equivalent of the Universal Declaration of Human Rights for the business), 4 it is natural to examine their usefulness in guiding the behaviour of companies in market conditions. In order to promote the implementation of the GPs, the HRC has established a five-member Working Group for a period of three years. 5 The Working Group is tasked with a number of responsibilities, including developing a regular dialogue with governments and all relevant actors (such as the UN bodies/agencies, companies, national human rights institutions, representatives of indigenous peoples, civil society organizations) and guiding the work of the annual Forum on Business and Human Rights. 6 2. THE GUIDING PRINCIPLES: A CONTEXTUAL AND CRITICAL INTRODUCTION This part offers a contextual and critical introduction to the GPs in three stages. I begin by outlining the background and context in which the SRSG drafted the GPs. This will help in analysing the GPs in the context of an ongoing quest to develop the human rights responsibilities of companies. I then move on to describe the Framework which the SRSG proposed in 2008. 7 Considering that the GPs are rooted in this Framework, an understanding of the relationship between the two is critical. Finally, I will encapsulate those GPs that do not directly target companies but have implications for them. The GPs directed specifically to companies are examined in Part III of this article.
SSRN Electronic Journal, 2012
It is increasingly accepted now by diverse interests groups-from corporate executives to sharehol... more It is increasingly accepted now by diverse interests groups-from corporate executives to shareholders, institutional investors, states, international organizations, academics, trade unions, civil society organizations and consumers-that companies have certain social responsibilities that extend beyond maximizing profit for shareholders within the narrow compass of the 'rules of the game'. 1 There is less agreement, however, on the nature or scope of these responsibilities. The Guiding Principles on Business and Human Rights (GPs)-drafted by Professor John Ruggie, the former UN Secretary General's Special Representative on the issue of human rights and transnational corporations (SRSG) 2-seek to provide some clarity on the human rights responsibilities of companies. On 16 June 2011, the UN Human Rights Council (HRC) endorsed the GPs. 3 This article aims to examine the implications that the GPs, as well as the 'protect, respect and remedy' framework (hereinafter 'Framework') on which the GPs are based, have for companies. Before elaborating such implications, I will explain the background and context in which the GPs were drafted and adopted. This will help in understanding the significance of GPs for companies. Moreover, since the GPs have been widely applauded (to the extent of being labelled as an equivalent of the Universal Declaration of Human Rights for the business), 4 it is natural to examine their usefulness in guiding the behaviour of companies in market conditions. In order to promote the implementation of the GPs, the HRC has established a five-member Working Group for a period of three years. 5 The Working Group is tasked with a number of responsibilities, including developing a regular dialogue with governments and all relevant actors (such as the UN bodies/agencies, companies, national human rights institutions, representatives of indigenous peoples, civil society organizations) and guiding the work of the annual Forum on Business and Human Rights. 6 2. THE GUIDING PRINCIPLES: A CONTEXTUAL AND CRITICAL INTRODUCTION This part offers a contextual and critical introduction to the GPs in three stages. I begin by outlining the background and context in which the SRSG drafted the GPs. This will help in analysing the GPs in the context of an ongoing quest to develop the human rights responsibilities of companies. I then move on to describe the Framework which the SRSG proposed in 2008. 7 Considering that the GPs are rooted in this Framework, an understanding of the relationship between the two is critical. Finally, I will encapsulate those GPs that do not directly target companies but have implications for them. The GPs directed specifically to companies are examined in Part III of this article.