Business and Human Rights in Japan - Implementation of the UN Guiding Principles

서지정보

· 발행기관 : 서강대학교 법학연구소
· 수록지 정보 : 법과 기업 연구 / 9권 / 3호 / 63 ~ 110페이지
· 저자명 : takao suami

초록

This paper briefly examines the importance of the Guiding Principles on Business and Human Rights and other international norms on business and human rights issues, and attempts to clarify the national implementation of the principles, their meaning and limitations in Japan.
The Japanese government was not active in implementing the principles, but changed its policy to complete a National Action Plan (NAPs) by 2020. However, the schedule is delayed and it is not yet clear how the Japanese government will meet its obligation to protect human rights violations. As stakeholders, NGOs and human rights lawyers have made great efforts with regard to business and human rights. As a result, some companies have changed their attitudes toward human rights, but overall, there are still problems such as insufficient awareness of human rights, lack of practical knowledge, and insufficient policy formation in Japanese society. Corporate and human rights planning is based on market mechanisms. In this context, there are two views that Japan needs to establish a legally binding system that is sufficient.
It is still difficult to assess objectively and overall whether the implementation of the principles of action has improved human rights protections. If the effectiveness is negligible, then as an alternative, it is worth noting the recent approach of ICSID determination. Despite the absence of obligations by the parties, the approach that their obligations not to infringe on their rights would be imposed from international law would draw a different story from the principle of implementation.

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