Zur Verbindlichkeit der Menschenrechte für transnationale Unternehmen

International law establishes that States have the primary responsibility to promote, secure and protect human rights recognized in international as well as national law, including ensuring that transnational corporations and other business enterprises respect human rights. According to the UN Norms of the Commission of Human Rights on the responsibilities of transnational corporations and other business enterprises with regard to human rights corporations and other business enterprises are responsible for promoting and securing the human rights as set forth in the Universal Declaration of Human Rights and contained in United Nations treaties and other international instruments. The norms themselves are not legally binding, but they express legal corporate responsibility. Except for crimes the Special Representative of the Secretary-General, John Ruggie, denies however in his last report dated February 2007 that the international instruments impose direct, legal responsibilities on corporations. Consequently he points towards gaps and inadequacies in the protection of persons under the impact of business. Under soft law and self regulations which he refers to as sources of corporate responsibility, the respect of human rights depends on good will alone. However enterprises do not solely enjoy economic rights which protect their investments abroad under national, European and international law. There is no freedom without responsibility, no right without duty. Corporations are directly obliged as global players and organs of society (Art. 29 Universal Declaration) by duties to the community. They are liable for human dignity and the prohibition of discrimination and bound by the core rights of the International Labour Organization. Furthermore a special responsibility results from the sphere of influence and trust as an employer. Admittedly the promoting and securing of human rights by enterprises is restricted to their sphere of influence and must be reasonable.