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Incorporating social rights in development: transnational corporations and the right to water

Published online by Cambridge University Press:  04 February 2011

Anna F. S. Russell
Anna F. S. Russell*
Affiliation:
University of Oxford
*
[email protected]
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Abstract

In attempts to improve the efficiency of development efforts over the past few decades private sector participation in the delivery of basic services has been promoted to a varying extent. Roughly in tandem with this, there has been movement to increase the accountability of corporations, particularly transnational corporations (TNCs), for human rights violations. Rather than engaging directly in the legal debate about the applicability of human rights standards to corporate activity, this article essentially looks at the issue from the inside out through the collection of empirical evidence. By focusing on the emergent right to water as a case-study, it examines how TNCs engaged in water service delivery in the development context understand and use the language of rights. In doing so, it discusses how current engagement by the TNCs with human rights language may influence proposed corporate human rights accountability frameworks and current attempts to close the globalisation governance gap.

Type
Articles
Information
International Journal of Law in Context , Volume 7 , Issue 1 , March 2011 , pp. 1 - 30
Copyright
Copyright © Cambridge University Press 2011

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References

Addo, Michael (ed.) (1999) Human Rights Standards and The Responsibility of Transnational Corporations. The Hague: Kluwer.Google Scholar
Alston, Philip (1994) ‘Economic and Social Rights’, in Henkin, Louis and Hargrove, John (eds) Human Rights: An Agenda for the Next Century. Washington: American Society of International Law, Studies in Transnational Legal Policy, No. 26, 137–66.Google Scholar
Alston, Philip (2005a) ‘The ‘Not-a-Cat’ Syndrome: Can the International Human Rights Regime Accommodate Non-State Actors?’ in Alston, Philip (ed.) Non-State Actors and Human Rights. New York: Oxford University Press, 1–36.Google Scholar
Alston, Philip (ed.) (2005b) Non-State Actors and Human Rights. New York: Oxford University Press.Google Scholar
Alston, Philip (2005c) ‘Ships Passing in the Night: The Current State of the Human Rights and Development Debate Seen Through the Lens of the Millennium Development Goals’, Human Rights Quarterly 27: 755–829.CrossRefGoogle Scholar
amnesty lnternational (2004). The UN Human Rights Norms for Business: Towards Legal Accountability. London: Amnesty London.Google Scholar
Camdessus, Michel (2003) ‘Financing Water for All: Report of the World Panel on Financing Water Infrastructure (Written by James Winpenny)’.Google Scholar
Clapham, Andrew (2006) Human Rights Obligations of Non-State Actors. Oxford: Oxford University Press.CrossRefGoogle Scholar
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13.Google Scholar
Convention on the Rights of the Child (CRC) (adopted 20 November 1989, entered into force 2 September 1990) 15 UNTS 3.Google Scholar
De Schutter, Olivier (ed.) (2006a) Transnational Corporations and Human Rights. Oxford: Hart.Google Scholar
De Schutter, Olivier (2006b) ‘The Challenge of Imposing Human Rights Norms on Corporate Actors’ in Olivier, de Schutter (ed.) Transnational Corporations and Human Rights. Oxford: Hart, 1–39.Google Scholar
Dupuy, Pierre-Marie (2006) ‘Le Droit à l'eau, un Droit International?’, EUI Working Papers 6: 1–12.Google Scholar
Ewick, Patricia and Silbey, Susan (1998) The Common Place of Law. Chicago: University of Chicago Press.CrossRefGoogle Scholar
ECOSOC Res 2006/273 (25 July 2005).Google Scholar
Finnemore, Martha and SiKkink, Kathryn (1998) ‘International Norm Dynamics and Political Change’, International Organization 52(4): 887–917.CrossRefGoogle Scholar
Frynas, Jedrzej and Pegg, Scott (eds) (2003) Transnational Corporations and Human Rights. Basingstoke: Palgrave Macmillan.CrossRefGoogle Scholar
Gleick, Peter (1999) ‘The Human Right to Water’, Water Policy 1(5): 487–503.CrossRefGoogle Scholar
Humphreys, Macartan and Varshney, Ashutosh (2004) ‘Violent Conflict and the Millennium Development Goals: Diagnosis and Recommendations’. Paper presented at the meeting of the Millennium Development Goals Poverty Task Force Workshop, June 2004.Google Scholar
Hunt, Paul (2002) ‘The International Human Rights Treaty Obligations of States Parties in the Context of Service Provision’. Submission to the UN Committee on the Rights of the Child, Day of Discussion on the Private Sector as Service Provider and Its Role in Implementing Child Rights (20 September 2002).Google Scholar
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.Google Scholar
International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.Google Scholar
Joseph, Sarah (2008) ‘Liability of Multinational Corporations’ in Langford, M. (ed.) Social Rights Jurisprudence: Emerging Trends in Comparative and International Law. New York: Cambridge University Press, 613–27.Google Scholar
Keck, Margaret and Sikkink, Kathryn (1998) Activists Beyond Borders: Advocacy Networks in International Politics. Ithaca: Cornell University Press.Google Scholar
Kennedy, David (2006) ‘The “Rule of Law,” Political Choices, and Development Common Sense’ in Trubek, David and Santos, Alvaro (eds) The New Law and Economic Development: A Critical Appraisal. New York: Cambridge University Press, 95–173.CrossRefGoogle Scholar
Kiefer, Thorsten and Brölmann, Catherine (2005) ‘Beyond State Sovereignty: The Human Right to Water’, Non-state Actors and International Law 5: 183–208.CrossRefGoogle Scholar
Kinley, David, Nolan, Justine and Zerial, Natalie (2007) ‘“The Norms are dead! Long live the Norms!” The Politics behind the UN Human Rights Norms for Corporations' in McBarnet, Doreen, Voiculescu, Aurora and Campbell, Tom (eds) The New Corporate Accountability. Cambridge: Cambridge University Press, 459–75.Google Scholar
Kumar, Nirmalya, Stern, Louis and Anderson, James (1993) ‘Conducting Interorganizational Research Using Key Informants’, Academy of Management Journal 36(6): 1633–51.CrossRefGoogle Scholar
Langford, Malcolm (2006a) ‘Ambition that Overleaps Itself? A Response to Stephen Tully's Critique of the General Comment on the Right to Water’, Netherlands Quarterly of Human Rights 24(3): 433–59.CrossRefGoogle Scholar
Langford, Malcolm (2006b) ‘Expectation of Plenty: Response to Stephen Tully’, Netherlands Quarterly of Human Rights 24(3): 473–79.CrossRefGoogle Scholar
Marin, Philippe (2009) Public–Private Partnerships for Urban Water Utilities: A Review of Experiences in Developing Countries. Washington: World Bank.CrossRefGoogle Scholar
McBarnet, Doreen (2007) ‘Corporate Social Responsibility Beyond Law, Through Law, For Law: The New Corporate Accountability’ in McBarnet, Doreen, Voiculescu, Aurora and Campbell, Tom (eds) The New Corporate Accountability. Cambridge: Cambridge University Press, 9–56.Google Scholar
McCaffrey, Stephen (1992) ‘A Human Right to Water: Domestic and International Implications’, Georgetown International Environmental Law Review 5: 1–24.Google Scholar
McCaffrey, Stephen (2005) ‘The Human Right to Water’ in Weiss, Edith, Chazournes, Laurence Boisson de and Bernasconi-Osterwalder, Nathalie (eds) Fresh Water and International Economic Law. Oxford: Oxford University Press, 93–115.CrossRefGoogle Scholar
Mestrallet, Gérard (2002) ‘Bridging the Water Divide’, Development Outreach (Sustaining the Earth) Fall: 22–24.Google Scholar
Mitchell, Vincent-Wayne (1994) ‘Using Industrial Key Informants: Some Guidelines’, Journal of Market Research Society 36(2): 139–44.CrossRefGoogle Scholar
Potter, Edward and Mccauley sine, Marika(the Coca-Cola Company) (2009) ‘Human Rights and Sustainability: A Corporate Perspective’ in Gross, James and Compa, Lance (eds) Human Rights in Labor and Employment Relations. Ithaca: Cornell University Press, 181–94.Google Scholar
Risse, Thomas, Ropp, Stephen and Sikkink, Kathryn (eds) (1999) The Power of Human Rights: International Norms and Domestic Change. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Robinson, Mary (2010) ‘How the Global Compact Can Better Address Human Rights' Opinion’, The Ethical Corporation 27 April 2010.Google Scholar
Russell, Anna (2010) ‘International Organizations and Human Rights: Resisting, Realizing or Repackaging the Right to Water?’, Journal of Human Rights 9(1): 1–23.CrossRefGoogle Scholar
Sarfaty, Galit (2007) ‘Doing Good Business or Just Doing Good: Competing Human Rights Frameworks at the World Bank’ in Morgan, Bronwen (ed.) The Intersection of Rights and Regulation: New Directions in Sociolegal Scholarship. Aldershot: Ashgate: 93–106.Google Scholar
Scott, Craig (2001) ‘Multinational Enterprises and Emergent Jurisprudence on Violations of Economic, Social and Cultural Rights’ in Eide, Asbjørn, Krause, Catarina and Rosas, Allan (eds) Economic, Social and Cultural Rights: A Textbook, 2nd edn.Dordrecht: Nijhoff, 563–95.CrossRefGoogle Scholar
Tully, Stephen (2005) ‘A Human Right to Access Water? A Critique of General Comment No. 15’, Netherlands Quarterly of Human Rights 23(1): 35–63.CrossRefGoogle Scholar
Tully, Stephen (2006) ‘Flighty Purposes and Deeds: A Rejoinder to Malcolm Langford’, Netherlands Quarterly of Human Rights 24(3): 461–72.CrossRefGoogle Scholar
UN Commission on Human Rights Res 2004/116 (20 April 2004).Google Scholar
UN Commission on Human Rights Res 2005/69 (20 April 2005).Google Scholar
UN Commission on Human Rights ‘John Ruggie, Interim Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises’ (21 February 2006) UN Doc E/CN.4/2006/97.Google Scholar
UN Commission on Human Rights (Sub-Commission on the Promotion and Protection of Human Rights) ‘Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’ (26 August 2003) UN Doc E/CN.4/Sub.2/2003/12/Rev.2.Google Scholar
UN General Assembly ‘Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health’ Annex ‘Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines’ (11 August 2008) A/63/263.Google Scholar
UN Human Rights Council Res 1/102 (30 June 2006).Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Human Rights Impact Assessments - Resolving Key Methodological Questions’ (5 February 2007) UN Doc A/HRC/4/74.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie - 'Addendum – Business Recognition of Human Rights: Global Patterns, Regional and Sectoral Variations’ (8 February 2007) UN Doc A/HRC/4/35/Add.4.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Addendum – State Responsibilities to Regulate and Adjudicate Corporate Activities under the United Nations Core Human Rights Treaties: An Overview of Treaty Body Commentaries’ (13 February 2007) UN Doc A/HRC/4/35/Add.1.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Addendum – Corporate Responsibility under International Law and Issues in Extraterritorial Regulation: Summary of Legal Workshops’ (15 February 2007) UN Doc A/HRC/4/35/Add.2.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Business and Human Rights: Mapping International Standards of Responsibility and Accountability for Corporate Acts’ (19 February 2007) UN Doc A/HRC/4/35.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Addendum – Human Rights Policies and Management Practices: Results from Questionnaire Surveys of Governments and Fortune Global 500 Firms’ (28 February 2007) UN Doc A/HRC/4/35/Add.3.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Protect, Respect and Remedy: A Framework for Business and Human Rights’ (7 April 2008) UN Doc A/HRC/8/5.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Business and Human Rights: Towards Operationalizing the “Protect, Respect and Remedy” Framework’ (22 April 2009) UN Doc. A/HRC/11/13.Google Scholar
UN Human Rights Council ‘Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie – Business and Human Rights: Further Steps Toward the Operationalization of the “Protect, Respect and Remedy” Framework’ (9 April 2010) UN Doc A/HRC/14/27.Google Scholar
UNCESCR (29th Session) ‘Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights – General Comment No. 15 (2002) – The Right to Water (Arts 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)’ (26 November 2002) UN Doc E/C.12/2002/11.Google Scholar
UN-HABITAT (2003) Water and Sanitation in the World's Cities: Local Action for Global Goals. London: Earthscan.Google Scholar
Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)).Google Scholar
Weissbrodt, David and Kruger, Muria (2003) ‘Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights’, American Journal of International Law 97: 901–922.CrossRefGoogle Scholar
Weissbrodt, David and Kruger, Muria (2005) ‘Human Rights Responsibilities of Business of Non-State Actors’ in Alston, Philip (ed.) Non-State Actors and Human Rights. New York: Oxford University Press, 315–50.Google Scholar