Public Law Studies Quarterly

Analyzing Corporate Social Responsibility in light of Human Rights-Based Due Diligence

Document Type : Article

Authors

Hamed Malekipour 1
Pourya Askari 2
Farideh Shaygan 3

1 Ph.D. in International Law, Department of Law, Kish International Campus, University of Tehran, Kish, Iran

2 Associate Prof., Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran

3 Associate Prof., Department of Law, Kish International Campus, University of Tehran, Kish, Iran

https://doi.org/10.22059/jplsq.2020.288225.2153
Abstract
In terms of the relationship between human rights and trade, the two notions of due diligence and corporate social responsibility of commercial companies, have the capacity to interact and exchange objectively and practically with each other. Both concepts, taking into account their raison d’être, nature, characteristics, require the establishment of a mechanism of accountability ensuring fair treatment in the management of multinational corporations. The present article describes and analyzes the relationship between responsibility and due diligence on the basis of international instruments, particularly UN guiding principles. It proposes a new definition for risk management which is based on due diligence. It also deals with how to reduce social risks and promote respect for human rights in the framework of multinationals activities. Adopting an interdisciplinary approach, the interconnection between the two concepts, as a model for fair social cooperation and drawing on international human rights law as well as economic and sociological concepts, provides new accountability mechanisms for corporations. Through the precautionary principle as a confluence point, it is established that the realization of due diligence-based responsibility is necessary to manage companies' brands, while reducing harms to human rights of stakeholders.

Keywords

precautionary principle
stakeholder-based approach
social responsibility of multinational corporations
risk management
human rights-based due diligence
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Public Law Studies Quarterly
Volume 52, Issue 1
Spring 2022
Spring 2022
Pages 185-206

  • Receive Date 01 September 2019
  • Revise Date 12 November 2019
  • Accept Date 17 February 2020

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