Protecting Human Rights Against Globalized Business Activity. Renewed Challenges to the Legal Taxonomy

Abstract

Within the globalization context, the classical law faces a scenario that challenges its effectiveness, overcomes its conceptual limits and transcends its traditional scope of application. The increasing protagonism of transnational corporations in public and private spheres has lead to try to recognise them binding legal obligations in the human rights field. However, most of the current initiatives only comprise voluntary guidelines. Even the United Nations Guiding Principles on Business and Human Rights have been considered such as a simple soft law instrument. Nevertheless, the so-called ‘Ruggie Principles’ represent a turning point on the subject, questioning once again the existence of a seamless dichotomy between hard law and soft law. This paper is therefore aimed at demonstrating that the Ruggie Principles logic, as a polycentric governance system, fits much better with that of the Global Law Theories. In order to that, transnational public policies, domestic and international laws, multi-stakeholder agreements and jurisdictional resolutions resulting from their implementation around the world will be analyzed.