Human Rights Due Diligence By Multinational Corporations: Should it Become a Legal Requirement or Remain as Good Corporate Social Responsibility?

Abstract

Human rights due diligence can beconducted by multinational corporations to prevent and mitigate human rights risks. States have had the responsibility to implementhuman rights standards into their national laws however due to the focus on international corporate social  responsibility, conducting human rights due diligence is now extending to also be a responsibility for corporations. This article explores the relationship between the states and corporations with regard to the available international law/guidelines and human rights due diligence. Should it be developed into a legal requirement or is maintaining international corporate responsibility through guidelines and recommendations sufficient? It is concluded  that corporations may not be held liable for failure to undertake due diligence when breaching human rights. This provides a wide opportunity for the states to implement legislation to enforce corporations to undertake human rights due diligence and discharge the responsibility to corporations who breach international human rights laws.