CYIL vol. 8 (2017)

ALLA TYMOFEYEVA CYIL 8 ȍ2017Ȏ Case-Law of the European Court of Human Rights. She is also a member of the European Society of International Law (ESIL) and the Czech Society of International Law.

“Within their respective spheres of activity and influence, transnational corporations and other business enterprises have the obligation to promote, secure the fulfilment of, respect, ensure respect of and protect human rights recognized in international as well as national law, including the rights and interests of indigenous peoples and other vulnerable groups.” UN Economic and Social Council 2

Introductory remarks on the terminology In today’s global world, when breaches of human rights most often appear as a result of business activities, it is important to consider the extension of human rights obligations to business entities. The system of human rights protection introduced by the European Convention on Human Rights (hereinafter also ‘the Convention’) is probably one the most developed in the world. Based upon this international treaty, it is of great interest to learn if there exists the possibility to impose on business any form of responsibilities in respect of human rights. The aim of this article is to analyse human rights obligations of business entities, namely their indirect obligations under the Convention. Before addressing this issue, an explanation of the terms ‘indirect obligations’ and ‘business entities’ for the purposes of the current study should be provided. A detailed explanation of the concept of ‘corporate obligations’, which to a broad extent is similar to the idea of obligations by business entities in the area of international law, was postulated by Markos Karavias in his monograph. 3 There are many authors, including those from the legal community who have discussed the possibility of direct or indirect liability of non-state actors stemming from international treaties 4 and in particular from human rights documents. 5 None of them, to our current knowledge, have specifically focused on the indirect obligations of businesses under the European Convention on Human Rights. 2 Economic, Social and Cultural Rights. Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights. United Nations Economic and Social Council. E/CN.4/ Sub.2/2003/12/Rev.2, 26 August 2003. 3 KARAVIAS, Markos, Corporate Obligations under International Law . OUP, Oxford, 2013, 230 pages. 4 KAMMINGA, Menno T., Corporate Obligations under International Law. URL: accessed 21 May 2017; VÁZQUEZ, Carlos Manuel. Direct vs. Indirect Obligations of Corporations Under International Law. Columbia Journal of Transnational Law , 2005, Vol. 43, p. 927. 5 The State Duty to Protect, Corporate Obligations and Extra-Territorial Application in the African Regional Human Rights System. Prepared by: South African Institute for Advanced Constitutional, Public, Human Rights and International Law, 17 February 2010. URL: accessed 21 May 2017; AUGENSTEIN, Daniel, State Responsibilities to Regulate and Adjudicate Corporate Activities under the European Convention on Human Rights . URL:

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