Violations of Human Rights in the Supply Chain: Conjoining Human Rights with Corporate Law in the Search for Accountability

Abstract: The notion of corporate violations of human rights is gaining ground. Using an inductive method, this report explores the level of responsibility of multinational enterprise for violations of human rights law committed by business partners and affiliates, i.e. the ''imputability''. The topic is important as the ability to reconstruct the organizational structure provides corporate entities with means to deviate from liability. However, the conclusion indicates that the enacted incentives to comply with human rights along the supply chain are disjointed and not attuned to the reality of international business: domestic regulations lack coordination and applicable international norms are unsatisfactory both in numbers and scope. Having identified a discrepancy between policy aims and the law, four suggestions for improvement are subsequently analyzed: 1) legal recognition of multinational enterprises, 2) development of a distinct form of complicity for corporate entities, 3) construction of a particular form for corporate command responsibility, and 4) investigation of ways to capitalize on corporate codes of conduct. Finally, in a constructive attempt to consolidate objectives and conclusions drawn in the foregoing analysis, and by deploying a deductive method, it is proposed that a norm of accountability contingent on control be instituted. Keywords: public international law, human rights and business, corporate social responsibility, sub-contracting, imputability