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Protect, Respect and Remedy: A United Nations Policy Framework for Business and Human Rights

  • John Gerard Ruggie (a1)

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1 UN Document A/HRC/8/5 (“2008 Report”). Unless otherwise indicated, all subsequent references to resolutions and reports are to UN documents.

2 A/HRC/RES/8/7.

3 E/CN.4/Sub.2/2003/12/Rev.2.

4 Commission Resolution 2005/69.

5 See A/HRC/8/5/Add.l for a summary of my research on the UN human rights treaties and UN Treaty Body commentaries as they relate to business.

6 Under other areas of international law, corporate acts may be directly attributed to states in some circumstances; for example, where a state exercises such close control that the company is its mere agent.

7 E.g. CERD/C/USA/CO/6 (2008), ¶ 30; Cescr General Comment 19 (2008), ¶ 54.

8 A/HRC/4/35/Add.4.

9 A/HRC/8/5/Add.2; E/CN.4/2006/97, ¶¶ 24-30.

10 Several core international and regional human rights treaties provide for these elements; where they do not there has been some useful commentary from human rights bodies.

11 A/RES/60/147, Principle 3(c).

12 See “Obstacles to Justice and Redress for Victims of Corporate Human Rights Abuses,” available at <http://www.reports-and-materials.org/Oxford-Pro-Bono-Publico-submission-to-Ruggie-3-Nov-2008.pdf>.

13 In collaboration with the International Bar Association and with support from the Compliance Advisor/Ombudsman of the World Bank Group and Jams Foundation.

14 “New Statement Sets Out EDC’s Principles for the Consideration of Human Rights,” Apr. 30, 2008, available at <http://www.edc.ca/english/docs/news/2008/mediaroom_14502.htm>.

15 Final Statement by UK National Contact Point for the OECD Guidelines for Multinational Enterprises: Afrimex (UK) Ltd., Aug. 28, 2008, ¶¶ 41, 64, 77, available at <http://www.berr.gov.uk/files/file47555.doc>.

16 Senate Official Hansard (no. 6 2008), June 23, 2008, pp. 3037 - 3038, available at <http://www.aph.gov.au/Hansard/senate/dailys/ds230608.pdf>.

17 “Corporate Social Responsibility in a Global Economy,” Ministry of Foreign Affairs, Norway, Jan. 23, 2009.

21 A/HRC/8/NGO/5.

* Affiliated Professor in International Legal Studies at Harvard Law School; and United Nations Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises.

Protect, Respect and Remedy: A United Nations Policy Framework for Business and Human Rights

  • John Gerard Ruggie (a1)

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