Pathways towards corporate liability for serious human rights violations

Abstract

Multinational corporations are one of the main actors of today's life intended to bring economic development to build a more equal world. However, these corporations impact societies, communities and individuals around the world. They have a direct and negative impact on human rights. Therefore, how to make corporations accountable and determine how to prevent them from committing human rights violations is crucial. Criminal liability is not the only way to hold corporations accountable. This article focuses on some of the pathways towards corporate accountability addressing local and international perspectives. For this purpose, I analyse both hard-law and soft law instruments, including international instruments such as the United Nations Guiding Principles. The fact of being a “soft law” instrument does not detract in any way from it. Recent legislative developments show how a large majority of European countries and even the EU have either binding rules on the matter or have in mind the introduction of due diligence obligations.