On The Dual Sources Of Corporate Human Rights Obligations: Self-regulation And State Regulatio

Enterprise self-regulation and state regulation are the two basic means of corporate human rights governance,and they are also the dual aspects of corporate human rights obligations.The self-regulation of corporate human rights obligations can be reflected in the autonomy of the articles of association,as well as the autonomy of enterprises to carry out human rights due diligence and human rights compliance,on the other hand,it also comes from the setting of national laws,as well as mandatory due diligence obligations,execution compliance supervision,etc.Corporate human rights obligations are such mixed obligations,which will take the form of obligations with a double dimension from different subject positions.Analyze the internal theoretical basis of corporate human rights obligations through the theory of the universality of moral human rights;Using the theory of social systems and reflexive law to explore the autonomous aspects of corporate human rights obligations;With the help of the theory of social power and the theory of third-party effectiveness of basic rights,the other aspects of corporate human rights obligations are explored.At the same time,there is a certain relationship between the two regulatory approaches to corporate human rights obligations.First,self-regulation precedes national regulation,and enterprises understand that human rights and sustainable development are interrelated,and thus actively carry out human rights governance;Another reason lies in the significance of subject autonomy itself.Second,state regulation is stronger than corporate self-regulation,not only because the state is the most important subject of human rights obligations,and its obligations and responsibilities are much higher than other subjects;It is also important to strengthen corporate human rights obligations by strengthening national human rights obligations that the state’s "protection obligations" for human rights can fully fill the gap in enterprises’ performance of human rights obligations.Finally,whether it is the relationship between the self-regulation of corporate human rights obligations and the national regulatory path,or the internal and external relationship between "autonomy" and "other governance" presented by corporate human rights obligations,they all point to human rights cooperative governance.At the same time,it is also the best way to balance the tension between corporate social responsibility and economic freedom,so as to internalize the concept of human rights in corporate governance and make up for the shortcomings in traditional human rights protection,so as to effectively bind enterprises to comply with human rights obligations and effectively realize human rights protection.