"We made them an offer they could not refuse" : an exploration of the possibility of a human rights mediation in the context of corporate social responsibility

Abstract

It has now been over ten years since the Global Compact and the investigative beam of human rights analysis has focused on business. Great advances have been seen in the concept now known as Corporate Social Responsibility (CSR). CSR has been promoted as a method of upholding human rights as globalisation has led to Multinational Corporations (MNCs) having power far greater than that which could have been imagined under the 1948 Declaration of Human Rights. The expansive sprawl of corporate tentacles can now be felt and seen encompassing the globe. The impact of such expansion has promulgated much debate and action however, as yet the situation disappoints as human rights violations continue to occur at the hands of business. The issue of effective communication between Corporations and those who may be seen as ‗stake-holders‘ remains nascent. UN Special Rapporteur for Business and Human Rights has recently questioned the legal approach to CSR and access to remedial structures. Human Rights Mediation (HRM) is offered in this thesis as an innovation which may satisfy an increasing demand for a sustainable approach of business to human rights.