The United Nations Guiding Principles on Business and Human rights: A normative account of the business and human rights norm in the Malawian sugar industry

[摘要] ENGLISH ABSTRACT: This study delves into the business and human rights norm that in recent years has been drawnever closer to center of non-state, and particularly transnational corporations (TNCs),governance debates. To date, the United Nations' Guiding Principles on Business and HumanRights (GPs) endures as the most authoritative text ascribing states and business enterpriseswith their respective responsibilities in relation to business and human rights. In the time sincethe GPs were endorsed by the United Nations Human Rights Council in 2011 it has been citedby enumerable state and non-state corporate governance, due diligence, and policyrecommendations and frameworks. These efforts have been made with the intention aligningcorporations' internal governance structures to international best practice. The GPs and itsrecommendations remain voluntary; nevertheless, this study accounts for the normativecontribution it has imprinted despite having no legal enforcement mechanisms. To facilitatethis, International Norm Theory's postulations and hypothesis on international norm dynamicsare instituted as this study theoretical lens. This lens is applied to a case study of the Malawiansugar industry that sees both the Government of Malawi (GoM) and the principle corporateactor in this space, Illovo Malawi Limited, participating in processes that intended toimplement the GPs. The justification for these actions fits firmly in the context of the Water-Food-Energy Nexus that describes the recent spike in global demand and investment inagricultural land and inputs. Thus, the GoM and Illovo Malawi have actively sort to counterthe negative characteristics that has led to this wave of land investments being termed 'landgrabs.' Through these efforts the domestic salience of the business and human rights norm canbe measured. Moreover, its presence in the Malawian context proves to be an opportunity toreveal some challenges that a step beyond the GPs would need to consider and overcome forthe business and human rights norm to be meaningfully internalized by business corporations.

[发布机构] Stellenbosch University