Upcoming Presentation: 'Fundamental Human Rights Obligations of Corporations'

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Thursday 22 May, 5pm, Taylor A19
Jernej Letnar Cernic, 'Fundamental Human Rights Obligations of Corporations'

Abstract: This paper argues that fundamental human right obligations of corporations derive primarily from national legal orders and only secondarily from international level, whereas both draw their foundations from international value system. The tenets of every normative system are principles and rules that create rights and obligations of the subjects/participants of that system. Validity of any positive norm derives its legal authority from the membership in a legal order, which gives it a binding force. Legal authority means a source of law where a positive law norm is derived from. Legal scholarship has so far predominantly focused on international legal obligations of corporations. In contrast, the present paper argues that fundamental human rights obligations of corporations derive its legal authority from national normative orders and only secondary from international level. This argument is backed by an empirical study of fifty national legal orders in relation to corporate fundamental human rights obligations. Finally, this paper argues that FHRs obligations of corporations have arguably acquired the status of customary international law.

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