In 2003, Susan Aaronson asked, “what are the human rights obligations of global capitalism?” In her article (found, here) Aaronson highlights many business and human rights issues that are still with us ten years later.
Specifically, Aaronson, in two pages quickly highlights many of the themes and challenges in holding transnational corporations accountable under the law for human rights violations. She does so by discussing a number of court cases that have been brought in the U.S. against TNCs for human rights violations.
According to Aaronson, the majority of the cases are brought under two laws, the Alien Tort Claims Act of 1789 and the Torture Victim Protection Act of 1992. While the use of ATCA will be substantially reduced in light of the Supreme Court’s decision in Kiobel, the issues highlighted in the complaint are still relevant and analyzed succintly by Aaronson. She points to issues such as vicarious liability as a grounds for liability, the use of subcontractors as a relationship fraught with legal pitfalls, and the way that these lawsuits could hinder development in the countries that need it most.
Also, Aaronson’s article points out that some of the cases were brought by the International Labor Rights Fund, providing early examples of something my collegaue, Anne Lofaso, has been pointing out for quite some time: that labor issues are human rights issues.
Finally, Aaronson’s article is prescient. In it, she notes that “Citizens and policymakers should pay close attention to these cases because they have significant policy implications for global political and economic stability, as well as for efforts to promote global corporate social responsibility.” Today, many policymakers are indeed paying attention – indeed the U.S. Department of State’s decision to create a business and human rights division shows how seriously policymakers are beginning to take these issues.
In fact, while great strides have been taken on business and human rights issues since the article was first published, the issues that Aaronson discusses are still timely. For instance, many of the cases that Aaronson notes were still moving forward this year. It remains to be seen whether any of them will survuive the Kiobel decision However, even with their dismissal, many of the underlying issues that Aaronson flags are still implicated today.
Aaronson is an Associate Research Professor of International Affairs at George Washington University.
