Business & human rights: the future of corporate accountability for human rights violations in the extractive sector

TL;DRAbstract

The accountability for human rights violations by multinational corporations (“MNCs”) has been one of the most debated human rights issues of the last decade. Nongovernmental organisations, industry groups, governments and even businesses themselves have generated a plethora of recommendations on how best to respond to the negative human rights impacts created by MNCs that operate in States that are unable or unwilling to protect their citizens’ human rights. While there is broad agreement among these different stakeholders about the need for an effective regulatory regime, there is less agreement about the form that this should take. The landmark ‘Protect, Respect and Remedy’ framework proposed in 2008 by John Ruggie, the former Special Representative of the United Nations (“UN”) Secretary-General on the issue of business and human rights, followed in 2011 by its ‘Guiding Principles on Business and Human Rights’ (together, the “UN Framework”), has been hailed as the most significant a

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