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ON THE EVOLUTION OF THE UNITED NATIONS’ 'PROTECT-RESPECT-REMEDY' PROJECT: THE
STATE, THE CORPORATION AND HUMAN RIGHTS IN A GLOBAL GOVERNANCE CONTEXT

Santa Clara Journal of International Law, Vol. 9, No.1, 2010

56 Pages Posted: 4 Jun 2010 Last revised: 29 Dec 2010

See all articles by Larry Catá Backer


LARRY CATÁ BACKER

The Pennsylvania State University (University Park) – Penn State Law

Date Written: June 3, 2010


ABSTRACT

The advent of contemporary economic globalization has substantially altered the
regulatory environment in which economic enterprises operate. Once assumed to be
creatures of the states that recognized and regulated their existence, economic
enterprises today are increasingly capable of arranging their activities beyond
the regulatory scope of any state or groups of states. That gap between
operational and regulatory capacity has produced a sustained reaction at the
national and international levels. States have sought to extend their power over
corporations beyond their borders. International organizations have sought to
develop supra national legal governance frameworks. This paper examines one of
the more important efforts to elaborate a transnational regulatory framework for
transnational corporations and other business enterprises - the United Nations
“protect, respect, and remedy” framework. The three parts of the framework - the
state duty to protect, the corporate responsibility to respect and the access to
remedies - posits a system in which national legal orders incorporate and apply
national and international human rights norms as enterprises implement global
systems of institutionalized social norms, and both provide mechanisms for
remedy of breaches of these overlapping but not identical legal and governance
systems within their respective jurisdictions. The conceptual grounding of the
framework is first explored on its own terms. The framework’s viability as a
transnational autonomous regulatory soft law system is then explored. The
resulting issues of implementation under the framework are then examined, as
national systems transpose international legal obligations in the governance of
enterprises that are themselves independently subject to global systems of
social norms, both of which are bound up in a remedial matrix. The paper ends by
examining the implications for the regulation of corporations raised by the
proposed construction of this polycentric multilevel law-governance system.



Keywords: Ruggie,multinational corporations,corporate governance, human rights,
polycentricity, protect-respect-remedy



JEL Classification: G38, K20, K42, M14

Suggested Citation: Suggested Citation

Backer, Larry Catá, On the Evolution of the United Nations’
'Protect-Respect-Remedy' Project: The State, the Corporation and Human Rights in
a Global Governance Context (June 3, 2010). Santa Clara Journal of International
Law, Vol. 9, No.1, 2010, Available at SSRN: https://ssrn.com/abstract=1619939


LARRY CATÁ BACKER (CONTACT AUTHOR)

THE PENNSYLVANIA STATE UNIVERSITY (UNIVERSITY PARK) – PENN STATE LAW ( EMAIL )

Lewis Katz Building
University Park, PA 16802
United States



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0 REFERENCES


2 CITATIONS

 1. Stefan Zagelmeyer
    MNEs and Human Rights: From Responsibilities to Rights to Governance
    Critical Perspectives on International Business, Forthcoming , IHRMI
    Discussion Paper 2019/01 · 27 Pages · Posted: 1 May 2019 · Downloads: 87
    Download PDF Add Paper to My Library
 2. Ignacio Forcada Barona
    Derecho Internacional, Responsabilidad Social Corporativa Y Derechos Humanos
    (International Law, Corporate Social Responsibility and Human Rights)
    DEMETRIO CRESPO, E. y NIETO MARTÍN, A. (eds.) (2018), Derecho penal
    económico y Derechos Humanos, Valencia, Tirant Lo Blanc, pp. 53-85, ISBN:
    978-84-9169-915-6, · 24 Pages · Posted: 1 Apr 2021 · Downloads: 91
    Download PDF Add Paper to My Library

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