The Impact of the Corporate Form on Corporate Liability for ...

• a growth in voluntary codes and international instruments seeking to govern this
field; and
• now, a consistent and high level dialogue on <strong>the</strong>se issues at <strong>the</strong> international level.
194. As regards international initiatives, perhaps <strong>the</strong> most well known <strong>of</strong> <strong>the</strong>se was
establishment <strong>of</strong> <strong>the</strong> UN Global Compact in January 1999. 129 <strong>The</strong> UN's commitment to
address <strong>the</strong>se issues was also reflected in <strong>the</strong> work <strong>of</strong> its Commission on Human Rights'
Sub-Commission on <strong>the</strong> Promotion and Protection <strong>of</strong> Human Rights. In August 1999, <strong>the</strong>
first session <strong>of</strong> its working group on <strong>the</strong> working methods and activities <strong>of</strong> transnational
corporations, decided to investigate development <strong>of</strong> a code <strong>of</strong> conduct for companies
based on human rights standards. 130 <strong>The</strong> work <strong>of</strong> this Sub-Commission eventually led to
<strong>the</strong> appointment by <strong>the</strong> Secretary General <strong>of</strong> a Special Representative on Business and
Human Rights, with a relatively far reaching mandate to investigate <strong>the</strong> legal and o<strong>the</strong>r
obligations <strong>of</strong> corporations at <strong>the</strong> international and domestic levels. 131 During this time, <strong>the</strong>
work <strong>of</strong> <strong>the</strong> UN has been supplemented by substantive undertakings by numerous civil
society groups concerned with <strong>the</strong> human rights impacts <strong>of</strong> corporations, through to
industry groups that have specifically formed to address <strong>the</strong>se issues. 132
195. As regards <strong>the</strong> development <strong>of</strong> international instruments in this field, this starts at one end
with voluntary codes governing <strong>the</strong> human rights and environmental impacts <strong>of</strong>
corporations, 133 continues to discussion on whe<strong>the</strong>r existing international instruments
impose human rights obligations on corporations, 134 and ends with <strong>the</strong> more recent work to
develop binding international instruments focused squarely on corporations in <strong>the</strong>ir own
right. 135
196. In <strong>the</strong> last decade, <strong>the</strong>re has also been a minor explosion <strong>of</strong> academic, civil society,
international organisation and government output and engagement in dialogue on <strong>the</strong>se
issues at <strong>the</strong> international level.
129
130
131
132
133
134
135
In an address to <strong>the</strong> World Economic Forum on 31 January 1999, United Nations Secretary-General K<strong>of</strong>i Annan
invited business leaders to join <strong>the</strong> Global Compact, described as an international initiative 'that would bring
companies toge<strong>the</strong>r with UN agencies, labour and civil society to support universal environmental and social
principles'. <strong>The</strong> Global Compact’s operational phase commenced in July 2000. see generally
www.globalcompact.org
see minutes <strong>of</strong> Sessional working group on <strong>the</strong> working methods and activities <strong>of</strong> transnational corporations <strong>of</strong> <strong>the</strong>
Sub-Commission on <strong>the</strong> Protection and Promotion <strong>of</strong> Human Rights August 1999. E/CN.4/Sub.2/1999/9
For <strong>the</strong> mandate <strong>of</strong> <strong>the</strong> UN Special Representative <strong>of</strong> <strong>the</strong> Secretary General on Business and Human Rights, see
Office <strong>of</strong> <strong>the</strong> High Commission for Human Rights: Human Rights Resolution 2005/69
for one example <strong>of</strong> such an industry group see <strong>the</strong> Business Leaders' Initiative on Human Rights at www.blihr.org
see for instance <strong>the</strong> US/UK Voluntary Principles on Security and Human Rights; UN Code <strong>of</strong> Conduct for Law
Enforcement Officials; Equator Principles, Organisation for Economic Cooperation and Development Guidelines
for Multinational Enterprises, ILO Tripartite Declaration <strong>of</strong> Principles Concerning Multinational Enterprises and
Social Policy, to name but a few.
See for instance Engstrom, V. 'Who is Responsible for <strong>Corporate</strong> Human Rights Violations?' in Abo Akademi
University Institute for Human Rights. January 2002. p26
See generally, work undertaken to develop <strong>the</strong> UN Norms on <strong>the</strong> Responsibility <strong>of</strong> Transnational Corporations and
O<strong>the</strong>r Business Enterprises with Regard to Human Rights U.N. Doc. E/CN.4/Sub.2/2003/12/Rev.2 (2003).
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