기업과 인권에 대한 국제사회의 대응 －최근 UN의 논의에 대한 비평－
International Responses to Business and Human Rights -A Critical Review of the Discussions in the United Nations-
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Traditional human rights issues usually occur between the state and individuals,but recently we have seen human rights violations made by multinational enterprises. In some cases such violations were more serious than those of the state. To tackle this issue, international society have taken various measures, and, in particular, the United Nations have made many efforts since 2000. Most of all,the “Norms on the Responsibilities of Transnational and Other Business Enterprises with regard to Human Rights” in 2003 were a significant achievement although these were not officially endorsed by the UN. After that, the UN appointed John Ruggie as a “Special Representative of the UN Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises”,whose role is to provide a new policy framework for business and human rights. He researched various areas concerning business human rights, and provided “Protect,Respect and Remedy: A Framework for Business and Human Right” in 2008,and “Guiding Principles on Business and Human Rights: Implementing the United States ‘Protect, Respect and Remedy’ Framework” in 2011, both of which were endorsed by the United Nations. This article reviews these efforts made by the UN in terms of the collision between voluntarism and legal regulation and make some critical comments on UN’s policies made by John Ruggie.
Abstract
Traditional human rights issues usually occur between the state and individuals,but recently we have seen human rights violations made by multinational enterprises. In some cases such violations were more serious than those of the state. To tackle this issue, international society have taken various measures, and, in particular, the United Nations have made many efforts since 2000. Most of all,the “Norms on the Responsibilities of Transnational and Other Business Enterprises with regard to Human Rights” in 2003 were a significant achievement although these were not officially endorsed by the UN. After that, the UN appointed John Ruggie as a “Special Representative of the UN Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises”,whose role is to provide a new policy framework for business and human rights. He researched various areas concerning business human rights, and provided “Protect,Respect and Remedy: A Framework for Business and Human Right” in 2008,and “Guiding Principles on Business and Human Rights: Implementing the United States ‘Protect, Respect and Remedy’ Framework” in 2011, both of which were endorsed by the United Nations. This article reviews these efforts made by the UN in terms of the collision between voluntarism and legal regulation and make some critical comments on UN’s policies made by John Ruggie.
참고문헌 (45)
- 김분태, "다국적기업의 사회적 책임에 관한 연구 -다국적기업의 자율규제를 중심으로", 법학연구, 51(1), pp.649~690 (2010), 법학연구소
- 김인재, "노동분야의 기업의 사회적 책임(CSR)과 노동법적 과제―기업의 국제적 행동규범을 중심으로―", 노동법연구, (18), pp.267~303 (2005), 서울대학교노동법연구회
- 김종철, "2011 OECD 가이드라인 개정 부분과 그 평가", 기업과 인 권 전문가 세미나: 기업과 인권에 관한 국제적 최신동향과 국내적 함의 (2011), 한국인권재단 주최, 만해 NGO 교육센터
- 박미경, "인권을 침해하는 다국적기업에 관한 규율방안", 법학논총, 26(1), pp.427~454 (2009), 법학연구소
- 이은경, "유엔글로벌콤팩트 10대 원칙과 인권 기준", 기업과 인권 전문가 세미나: 기업과 인권에 관한 국제적 최신동향과 국내적 함의 (2011), 한국인권재단 주최, 만해 NGO 교육센터
- 조효제, "인권경영의 모색: 쟁점과 비판", 아세아연구, 51(3), pp.128~160 (2008), 아세아문제연구소
- 홍성수, "규제학 - 개념, 역사, 전망", 안암법학, 통(26), pp.377~404 (2008), 안암법학회
- 홍성수, "인간이 없는 인권이론? ―루만의 체계이론과 인권―", 법철학연구, 13(3), pp.243~272 (2010), 한국법철학회
- 홍성필, "다국적 기업의 인권책임- 의의와 집행을 중심으로", 인권과 정의, (384), pp.38~55 (2008), 대한변호사협회
- 황필규, "인권과 기업에 관한 유엔특별대표의 2008년 보고서", 세상을 두드리는 사람, (35) (2008)
- 다국적기업과 국제인권기준 개관, "황필규", 다국적기업 관련 국제인권기준, ~ (2006)
- 기업인권경영 모범사례 연구 및 자가진단도구 개발, "국가인권위원회", ~ (2009)
- 선진외국의 인권교육 우수사례 실태조사, "국가인권위원회", ~ (2006)
- 주요기업의 인권정책 현황분석과 한국형 기업인권가이드라인 연구, "국가인권위원회", ~ (2008)
- Human Rights are Everybody’s Business, "Amnesty International", ~ (2002)
- Human Rights Principles for Companies, "Amnesty International", ~ (1998)
- The UN Human Rights Norms for Business: Towards Legal Accountability, "Amnesty International", ~ (2004)
- Backer,L.C, "Multinational Corporations, Transnational Law: The United Nation’s Norms on the Responsibilities of Transnational Corporations as Harbinger of Corporate Responsibility in International Law", Columbia Human Rights Law Review, 37 (2005)
- Business Leaders Initiative on Human Rights, "the Global Compact, and the Office of the High Commissioner for Human Rights" (2006), A Guide for Integrating Human Rights into Business Management
- On the Margins of Profit: Rights at Risk in the Global Economy, "Center for Human Rights and Global Justice at New York University School of Law and Human Rights Watch", ~ (2008)
- Ethical Corp., "By Invitation: John Ruggie: Business and Human Rights-Treaty Road not Travelled, 6 May 2008", ~ (2008)
- Harvard Law Review Association, "Developments in the Law:International Criminal Law", Harvard Law Review, 114 (2001)
- Hillemanns,C, "UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights", German Law Journal, 10 (2003)
- Hoof,F.van, "International Human Rights Obligations for Companies and Domestic Court: An Unlikely Combination?, in The Role of the Nation-State in the 21st Century: Human Rights, International Organisations and Foreign Policy Essay in Honour of Peter Baehr" (1999), Kluwer Law International
- International Council of Human Rights Policy, "Beyond Voluntarism: Human Rights and the Developing International Legal Obligations of Companies" (2002)
- Jerbi,S, "Business and Human Rights at the UN; What Might Happen Next", Human Rights Quarterly, 31 (2009)
- Karlsson, M, "Business and Human Rights: The Recent Initiatives of the UN, in Corporate Social Responsibility: The Corporate Governance of the 21st Century" (2011), Kluwer Law International
- Kinley, D, "The UN Human Rights Norms for Corporations:The Private Implications of Public International Law", Human Rights Law Review, 6(3) (2006)
- Kinley, D., "The Politics of Corporate Social Responsibility:Reflections on the United Nations Human Rights Norms for Corporations", Company and Securities Law Journal, 25(1) (2007)
- Muchlinski, P., "Multinational Enterprises & the Law, 2nd ed" (2007), Oxford University Press
- Paust,J, "Human Rights Responsibilities of Private Corporations", Vanderbilt Journal of Transnational Law, 35(3) (2002)
- Foreword , Business Leaders Initiative on Human Rights Report 3: Towards a ‘Common Framework’ on Business and Human Rights, "Robison,M", Identifying Components, ~ (2006)
- Presentation of Report to United Nations Human Rights Council, "Ruggie, J. G.", ~ (2011)
- Presentation of Report to United Nations Human Rights Council, "Ruggie, J. G.", ~ (2011)
- Ruggie, J. G., "Remarks Delivered at a Forum on Corporate Social Responsibility", Co-Sponsored by the Fair Labor Association and the German Network of Business Ethics (Bamberg, June 14, 2006) (2006)
- Steinhardt,R, "Corporate Responsibility and the International Law of Human Rights: The New Lex Mercatoria, in Non-state Actors and Human Rights" (2005), Oxford UniversityPress
- Weissbrodt, D, "Human Rights Responsibilities of Businesses as Non-State Actors, Non-State Actors and Human Rights" (2005)
- Woodroffe,J, "Regulating Multinational Corporations in a World of Nation State, in Human Rights Standards and the Responsibility of Transnational Corporations" (1999), Kluwer Law International
- Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights, , ~, pp.U.N.Doc. E (2003), CN.4[DOI]
- Guiding Principles on Business and Human Rights: Implementing the United States ‘Protect, Respect and Remedy’ Framework, , ~, pp.U.N. Doc. A (2011), HRC[DOI]
- The Report of the UN High Commissioner on Human Rights on the Responsibilities of Transnational Corporations and Related Business Enterprises with Regard to Hum Rights, , ~, pp.U.N. Doc. E (2005), CN.4[DOI]
- Protect, Respect and Remedy: A Framework for Business and Human Right, , ~, pp.U.N. Doc. A (2008), HRC[DOI]
- Business and Human Rights: Further Steps towards the Operationalization of the ‘protect respect and Remedy’ Framework, , ~, pp.U.N. Doc.A (2010), HRC[DOI]
- Interim Report of the Secretary-General’s Special Representative on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, , ~, pp.U.N. Doc. E (2006), CN 4[DOI]
- Commentary on the Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights, , ~, pp.U.N. Doc. E (2003), CN.4[DOI]