Projects / Programmes
Holistic approach to business and human rights: a normative reform of Slovenian and international legal order
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
business and human rights, human rights, globalisation, international law, Slovenia
Researchers (11)
Organisations (3)
Abstract
The proposed research project aims at exploring the current regime for business and human rights in the Slovenian and international legal order and as the first research to design original theoretical and normative model and practical solutions for their reform. The original approaches to improving normative legal orders have been lacking in the business and human rights both at home and at international level, and thereafter at implementation phase. As a result, the project will try to fill the gap by providing a set of holistic tools and contents for decision-makers both at domestic and international levels to reform domestic and international legal frameworks in the area of corporate responsibility for human rights.
The central research problem represents a holistic approach to design theoretical and normative model for business and human rights regulation by reforming Slovenian and international legal normative orders. Various experts agree that corporations are obliged to respect human rights (J. Nolan, E. George, S. Deva, L. Backer, J. Ruggie, D. Augenstein, and D. Kinley). However, the current system for business and human rights has been in the Slovenian and international legal order inadequate, insufficient and inappropriate, since it does not clearly establish framework for corporate obligations to respect human rights and to enforce corporate accountability. Therefore, in recent years, civil society has in recent years voiced concerns and argued to strengthen existing regulation by adoption of binding corporate human rights obligations at domestic and international levels.
The research project places itself in the field of business and human rights, which requires a highly comprehensive and interdisciplinary approach as it was theoretically developed by leading experts such as S. Deva, J. Ruggie, L. Backer, N. Jaegers, M. Addo, D. Bilchitz, S. Leader, A. Clapham, R. McCorquodale, O. de Schutter, D. Augenstein and R. Mares. The research project proceeds from their previous foundational research and represents the relationship between respect and the provision of human rights on the one hand and the economic spheres of life, including key actors in this field, on the other. We will address the theoretical basis for understanding this aspect of human rights (the legal point of view will be at the forefront, which will be supplemented by the philosophical and economic point of view) as well as the normative-practical aspect, where we will examine the current situation (globally, and especially within the Slovenian legal order) and set out guidelines and foundations for reform in this area, which can bring the actual situation closer to an holistic model that will be developed at the level of theory.
From the point of view of theoretical and ethical normative reflection, the goal is to be able to design, plan and establish an appropriate framework of supranational or global justice, which will go beyond traditional concepts and recognize the dynamics of a changing world, identifying basic pillars of business and human rights. The development of the framework of global ethics will in particular be followed by the recognition that the main challenges (including the ethical challenges) that we face are global in nature and require a mutual response (H. Küng, P. Singer, R. Audi, M. Nussbaum, A. Sen, KA Appiah, S. Benhabib et al.). This will enable the use of this wider framework also with other issues in the field of global justice, such as environmental issues, community membership, and others. At the same time, this framework will allow the use and operationalization at the normative level, both at national and international level. The research project will critically investigate the shortcomings of the current frameworks in domestic legal systems, with the emphasis on the Slovenian legal order in order to develop a holistic theoretical and normative models for improving regulation of business and human rights.
Significance for science
The main original contribution of the project to science will be the development of a holistic, i.e. theoretical and normative model for respecting human rights in business. The research project is of great importance for the development of science, given the shortcomings in business and human rights have been one of the most pressing problems in the countries of the global south and the global north. The results of the project will contribute to the selection of the most appropriate and practical approaches and measures to improve domestic and international regulation on business and human rights and thereby ensure effective protection of human dignity. Through the participation at the preparatory meetings and discussions with stakeholders, the project will directly and indirectly influence the formulation of the final text of the United Nations Treaty on Business and Human Rights. This will help to improve the legal protection of victims of human rights and their families, helping them to enforce corporate accountability for human rights in domestic legal systems and at international level.
We will use individual theoretical starting points that are important for the development of such a holistic approach (especially the model of cosmopolitan justice (Th. Pogge) and an approach that focuses specifically on the agents of justice (O. O'Neill)) and investigate their role in the system of establishing and effectively enforcing justice. These have not yet been applied to the issue of human rights in business. All this will provide new insights into the domain of (global) justice in business/economy, and, in particular, the formulation of normative implications (duties and responsibilities) for respecting and securing human rights in business. The project will significantly further the understanding of the relationship between human dignity, human rights and economic activity (including subjects of this activity). In this way, we will make an important contribution to the debate on global justice. At the same time, given the analysis of the situation in the Republic of Slovenia, in particular, the legal basis and other starting points, this will also be a foundation that will enable a platform for public debate on these dimensions as well as for setting appropriate reform steps. A core of knowledge will also be established, which will be disseminated further through masters and doctoral studies. The results of the research will thus make an important contribution to the development of science and will fruitfully connect social sciences and humanities.
Significance for the country
The main original contribution of the project to science will be the development of a holistic, i.e. theoretical and normative model for respecting human rights in business. The research project is of great importance for the development of science, given the shortcomings in business and human rights have been one of the most pressing problems in the countries of the global south and the global north. The results of the project will contribute to the selection of the most appropriate and practical approaches and measures to improve domestic and international regulation on business and human rights and thereby ensure effective protection of human dignity. Through the participation at the preparatory meetings and discussions with stakeholders, the project will directly and indirectly influence the formulation of the final text of the United Nations Treaty on Business and Human Rights. This will help to improve the legal protection of victims of human rights and their families, helping them to enforce corporate accountability for human rights in domestic legal systems and at international level.
We will use individual theoretical starting points that are important for the development of such a holistic approach (especially the model of cosmopolitan justice (Th. Pogge) and an approach that focuses specifically on the agents of justice (O. O'Neill)) and investigate their role in the system of establishing and effectively enforcing justice. These have not yet been applied to the issue of human rights in business. All this will provide new insights into the domain of (global) justice in business/economy, and, in particular, the formulation of normative implications (duties and responsibilities) for respecting and securing human rights in business. The project will significantly further the understanding of the relationship between human dignity, human rights and economic activity (including subjects of this activity). In this way, we will make an important contribution to the debate on global justice. At the same time, given the analysis of the situation in the Republic of Slovenia, in particular, the legal basis and other starting points, this will also be a foundation that will enable a platform for public debate on these dimensions as well as for setting appropriate reform steps. A core of knowledge will also be established, which will be disseminated further through masters and doctoral studies. The results of the research will thus make an important contribution to the development of science and will fruitfully connect social sciences and humanities.
