ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS

A level playing field is enabled when business enterprises can freely compete in the market. However, they cannot compete freely if different rules apply to them. Therefore internationally accepted human rights have to be respected by all business enterprises, no matter their size, sector, ownership...

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Main Author: Ana Čertanec
Format: Article
Language:deu
Published: University of Rijeka, Faculty of Law 2022-01-01
Series:Zbornik Pravnog Fakulteta Sveučilišta u Rijeci
Subjects:
Online Access:https://hrcak.srce.hr/file/402764
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author Ana Čertanec
author_facet Ana Čertanec
author_sort Ana Čertanec
collection DOAJ
description A level playing field is enabled when business enterprises can freely compete in the market. However, they cannot compete freely if different rules apply to them. Therefore internationally accepted human rights have to be respected by all business enterprises, no matter their size, sector, ownership and the state of operations. The purpose of the paper is to identify three criteria by which it is possible to achieve a level playing field in business and to examine the criteria using respect for human rights as an example. Using a descriptive method and a method of analysis, the author argues that without the universal minimum standards of respect for human rights a level playing field in business cannot be possible. This will be feasible only with the adoption of a binding international instrument and imposing sanctions on the international level. Consequently, establishing of an international judicial mechanism with a power to sanction corporate human rights abuse is of vital importance.
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spelling doaj.art-3294fb402cb547139a33cd7c98f8cd8b2024-04-15T17:43:46ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142022-01-01431638110.30925/zpfsr.43.1.4ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTSAna Čertanec0School of Economics and Business, University of Ljubljana, Ljubljana, SloveniaA level playing field is enabled when business enterprises can freely compete in the market. However, they cannot compete freely if different rules apply to them. Therefore internationally accepted human rights have to be respected by all business enterprises, no matter their size, sector, ownership and the state of operations. The purpose of the paper is to identify three criteria by which it is possible to achieve a level playing field in business and to examine the criteria using respect for human rights as an example. Using a descriptive method and a method of analysis, the author argues that without the universal minimum standards of respect for human rights a level playing field in business cannot be possible. This will be feasible only with the adoption of a binding international instrument and imposing sanctions on the international level. Consequently, establishing of an international judicial mechanism with a power to sanction corporate human rights abuse is of vital importance.https://hrcak.srce.hr/file/402764level playing fieldcorporate responsibility to respect human rightsUNGPsbinding international instrumentinternational judicial grievance mechanism
spellingShingle Ana Čertanec
ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS
Zbornik Pravnog Fakulteta Sveučilišta u Rijeci
level playing field
corporate responsibility to respect human rights
UNGPs
binding international instrument
international judicial grievance mechanism
title ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS
title_full ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS
title_fullStr ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS
title_full_unstemmed ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS
title_short ENABLING A LEVEL PLAYING FIELD IN BUSINESS WITH RESPECT FOR HUMAN RIGHTS
title_sort enabling a level playing field in business with respect for human rights
topic level playing field
corporate responsibility to respect human rights
UNGPs
binding international instrument
international judicial grievance mechanism
url https://hrcak.srce.hr/file/402764
work_keys_str_mv AT anacertanec enablingalevelplayingfieldinbusinesswithrespectforhumanrights