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Time for Change? The UN Human Rights Covenants’ Lasting “State-obligation” Paradigm and Transnational Corporations

The basic conceptual premise on which the international human rights law is originally created is protection of certain fundamental rights of the individual on the international level from violations by their own state. International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights from 1966, as the two foundational UN international human rights treaties, therefore provide international rights for the individuals and impose international obligations for states. At least from the late 1990s there have appeared tendencies of changing the paradigm of imposing obligations for states only, especially in the context of repeated instances of significant involvement of transnational corporations in human rights violations in developing countries. It seems that the current needs of the international community will continue to challenge the 'state-obligation' paradigm of the international human rights law which is therefore in the constant retreat.

transnational corporations; human rights; the UN Human Rights Covenants; international legal obligations

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