Thèses

28 août 2019: Monsieur Luis Espinosa Salas

Monsieur Luis Espinosa Salas soutiendra, en vue de l'obtention du grade de docteur en droit, sa thèse intitulée:

« Legal, Political and Diplomatic Aspects to Consider in the Elaboration of an International Legally Binding Instrument on Transnational Corporations and Other Business Enterprises with respect to Human Rights »

Mercredi 28 août 2019 - 9h
Salle 3050 - UNI MAIL

La séance est publique.

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Résumé:

In the framework of its 26th session in June 2014, the United Nations Human Rights Council, HRC, adopted resolution A/HRC/RES/26/9, “Elaboration of an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights”. This proposal was sponsored by Ecuador and South Africa, and it marks a turning point in the failed attempts to bring transnational corporations to comply with human rights.

While acknowledging that transnational corporations may bring foreign direct investment, trade and technology transfer, in exchange they enjoy advantages, such as legal protection through national provisions and trade and investment protection agreements; political influence; and especially economic power. However, evidence shows that these entities are very elusive and may enjoy impunity if they violate human rights outside their countries of origin, particularly in developing countries.

The need to count with international rules to oblige transnational corporations to respect human rights in their multiple dimensions is an aspiration of many governments, and broad sectors of the civil society of the planet. After some failed attempts to achieve this objective since the 1970s, the adoption of resolution 26/9 raised high expectations and hopes to finally undertake a negotiation towards a legally binding instrument to set international rules on this issue.

The thesis aims to be an academic contribution to a negotiation process already underway which has been undertaken by representatives of countries of the world, with the strong support of the civil society and the fierce opposition of a powerful minority, mainly from developed countries. Based on the daily practice of multilateral diplomacy, the thesis aims also to provide possible ways to surmounting controversial discussions that may block the advancement of this process. Time has come to settle the international rules to be respected by transnational corporations with regard to human rights and even the scales of justice. Resolution 26/9 provides a clear mandate in this direction and its compliance is a duty of any party sincerely involved in the fulfilment and improvement of the international system of protection of human rights.

28 août 2019
  Thèses