A New International Corporate Reality - The Business of Human Rights

Winter Term, 2012

Professor Penny Collenette
Adjunct Professor
Faculty of Law, UOttawa

Teaching Method:
Seminar

Course Description:
The concept of the traditional model of corporate behaviour which requires the maximization of profit as the single goal, has come under tremendous pressure in recent years. Tightened regulatory regimes, heightened shareholder activism, increased social media transparency and ethical concerns about the way multinationals ‘do business’ both at home and abroad are a few of the reasons why businesses are undergoing a renewed debate about their purpose and definition. For example, Professor Michael Porter of the Harvard Business School has recently suggested a modern corporate paradigm entitled “shared value”. More recently, we have seen the burgeoning of a new movement “Occupy Wall Street”, a movement which seeks to address gross economic inequities.

Will this re-examination of corporate accountability influence both international and domestic law? Traditional public policy concepts of state sovereignty need to be balanced with newer concepts of more accountable principles (i.e. R2P – a state’s responsibility to protect its citizens from human rights violations).  How can innocent victims of corporate misdeeds (which may or may not be aided and abetted by the state) find redress and justice from deep pocketed multinationals which have corporate headquarters in other countries? In the words of Mr. Justice Ian Binnie, what are the legal remedies for human rights abuses by corporations? And how do we ensure that Canadian corporations are not acting with impunity? Last year, Bill C-300, legislation designed to raise the standards of Canadian mining companies operation overseas, was defeated by six votes in the House of Commons. And just last fall, Bill C-323 was introduced in the House of Commons, a bill which seeks to extend the jurisdiction of the Federal Court, in order to protect human rights violations, when committed by Canadian companies overseas. We will compare and contrast both pieces of legislation, with a view to legislative drafting.

On the other hand, multi nationals may often find themselves in the middle of governance challenges when dealing with a corrupt regime or a failed state. How can corporations protect and mitigate themselves as a legal entity? To which standards should they be held when dealing with human rights violations (i.e. child labour, lax labour standards, aboriginal rights, water rights)?  Morally and legally, what is expected of multinationals when they find themselves in zones of conflict or in natural disaster situations?

Drawing from case studies found in the UN’s Global Compact and the Business and Human Rights Centre in New York, we will also examine new UN guiding principles for human rights and business, as well as the 2010 Report of the International Commission of Jurist’s Expert Legal Panel on Corporate Complicity in International Crime. Students will be expected to be conversant with contemporary dilemmas and to suggest practical resolution of issues as well as creative legal solutions.

Philosophically, this course is designed for students who are concerned about the ethical behaviour of multinationals in today’s world and who enjoy the “cutting edge” of a legal and policy debate.  It would be helpful if students have had previous experience in living or working overseas and/or have worked with a multinational or international NGO. 

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