Remain or withdraw? : corporate purpose and the implementation of the conflict-sensitive due diligence approach in the Ukrainian war

Abstract

This master's thesis aims to demonstrate the possible relationship and contribution of corporate purpose and ethics in making decisions to maintain, suspend or terminate business operations in territories of armed conflict and in implementing the sensitive approach of Business and Human Rights Due Diligence (BHRDD). The paper presents an overview of the war in Ukraine and the sanctions that organizations, nations and corporations apply to Russia from an economic and human rights perspective. It will address the second part of the United Nations Guiding Principles on Business and Human Rights (UNGPs), which deals with the corporate responsibility to respect human rights in the sense of avoiding violation of the rights of others and dealing with adverse impacts that may occur and which applies to all companies in all situations. As a joint statement by major business associations, including the International Chamber of Commerce, made very clear, it exists even if national laws are misapplied, or not applied at all. The principles of HRDD will be elaborated in view of the possibility of effective implementation at the stage of assessing the actual and potential human rights impacts, and more specifically on the possible human rights consequences in case of suspension of business activities.