Study On The Legal Issues Of International Business And Human Rights Arbitration

In the context of globalization,how to integrate human rights into the process of global governance has a long history.Business and industry,including corporations,collective initiatives and investors,have a significant impact on many human rights,according to a survey of human rights recognition conducted by the Special Representative of the United Nations Secretary-General and Harvard University.Although some human rights have been substantially recognized by business and industry,nearly 60 percent of human rights violations are directly caused by business and 40 percent are indirectly caused by their involvement.In addition,about 45 percent of the cases involved workers,and about 45 percent of the others involved broader groups.The UN has been trying to find a workable solution to reconcile the conflict between Business and Human Rights.In 2011,the Human Rights Council adopted the UN Guiding Principles on Business and Human Rights,Hereinafter referred to as the Guiding Principles.The Guiding Principles,which set out the responsibility of companies to respect human rights,provide a "protect,respect and remedy" framework for human rights that can guide companies to follow a specific set of guiding principles to prevent human rights violations and uphold the human rights of different stakeholders in society.However,the Guiding Principles themselves have no legal binding force.They neither create any new norms of international law for states beyond the existing international human rights treaties,nor set any international legal obligations for industrial and commercial enterprises.Industrial and commercial enterprises,especially multinational enterprises in violation of the “guiding principles” violation of human rights disputes have occurred,the court in this kind of dispute resolution process,there exists a dysfunctional,corrupt,vulnerable to political influence or no situation,such as the qualification for international arbitration to solve this kind of the human rights disputes involving business has been the trend of The Times.A few years ago,under the auspices of the Centre for International Legal Cooperation,The Working Group began to formulate a new set of Arbitration Rules,The Hague Rules On Business and Human Rights Arbitration(hereinafter referred to as The Hague Rules),to adapt to The characteristics of long-standing disputes over Human Rights violations by industry and commerce.The possibility of using international arbitration in disputes over human rights violations by industry and commerce was explored.In December 2019,the Working Group launched the Hague Rules,which aim to assist businesses in fulfilling their responsibility to respect human rights and provide remedies for those whose rights have been affected.To this end,the Hague Rules can be applied to conflicts between industrial and commercial enterprises and victims of human rights violations,as well as disputes between industrial and commercial enterprises(for example,contractual relationships within supply chains).The author believes that it is necessary and feasible to establish an international arbitration system for industry,commerce and human rights,which is an urgent need in the field of human rights protection under the background of economic globalization.China should also actively develop arbitration for industry,commerce and human rights,and make corresponding adjustment measures to protect Chinese enterprises operating abroad.This paper consists of three parts: citation,text and conclusion.In the introduction,this thesis describes the background and significance of the topic,the research overview at home and abroad,the research content and methods,and the innovation of the research.The first chapter of this thesis analyzes the concepts of “human rights”,“industry and commerce and human rights” and “arbitration” respectively,combs the emergence and development of international commercial arbitration and human rights arbitration,compares international commercial arbitration with international commercial arbitration and human rights arbitration,in order to understand the connotation of international commercial arbitration and human rights arbitration.The second chapter discusses that arbitration has become one of the ways to resolve disputes between international industry,commerce and human rights because of its neutrality and the enforcement of arbitral award under the background that neither traditional litigation dispute resolution method nor other non-litigation dispute resolution methods can solve disputes well.In addition,the international commercial and human rights arbitration system can make up for the deficiencies of the existing international commercial arbitration system,so the establishment of its system is very necessary.Chapter three illustrates that the purpose of initiating international commercial and human rights arbitration can be achieved whether the parties reach an arbitration agreement,or whether the non-disputing parties,such as intergovernmental organizations,institutions and specialized agencies,interested Non-Governmental organizations and civil society groups,and independent technical experts,join the arbitration in a non-disputing manner.The fourth chapter discusses the various problems still faced after the initiation of the arbitration procedure,including the application of law,the conflict and coordination between confidentiality and transparency,interim measures,the remedies the arbitration tribunal has the power to take,the recognition and enforcement of the arbitration award,etc.In these aspects,the author discusses and studies the UN Guiding Principles for Industry and Commerce and Human Rights,Hague Rules and so on,trying to explore the solutions.The fifth chapter,on the basis of above research,argues that China should comply with the development of international business and human rights,make corresponding measures,at the government level,strengthen to the attention of the business and human rights,clear the functions of the government,improve the international influence and improve the corresponding domestic legislation of human rights,at the enterprise level,strengthen the construction of Chinese enterprises overseas human rights compliance,Establish a sense of corporate social responsibility,actively carry out the construction of human rights compliance in overseas operations,and suggest that the arbitration clauses of international industry and commerce and human rights be included in commercial contracts.