Agrarian business and human rights: International and national level
Abstract
The article is devoted to the study of the current state of international and national human rights protection in the context of agricultural business. Methodologically, these issues are related to the tendencies of anthropologization, greening, and socialization of international and national law, which have become a logical response to the challenges of the contradictory process of economic globalization and have raised the relevance of business and human rights issues in their legal context. Under the influence of international and European law and in line with the concept of sustainable development and the practice of interaction between the state, business, and society (public-private partnership), the idea of social responsibility of business, including agribusiness, is spreading.
The main acts of global international regulation of business and human rights are identified, among which the Guiding Principles for Business and Human Rights: the Implementation of the UN Framework Concept for Protection, Compliance, and Protection (2011, the so-called Ruggie Principles), which play a special role. This document was the first to establish the obligation of the state to guarantee human rights in the field of business; the obligation of companies to respect human rights; the obligation of organizations to provide access to appeal mechanisms if rights are violated. The role of internationally established standards of corporate social responsibility is emphasized. The European experience of implementation of international human rights standards in the field of business is considered and the European Union plays an active role in the implementation of these Guiding Principles in the national legislation of both EU Member States and Partner Countries. The state of national legislation in the field of agribusiness and human rights is analyzed, the practice of its application is investigated and the features of social responsibility of agribusiness at the present stage are determined.
It is emphasized that the most effective implementation of the proclaimed international human rights standards requires greater cooperation between the state, business, and civil society. It is concluded that by their legal nature the overwhelming majority of agribusiness and human rights instruments are soft law acts since one of the trends in the development of international regulation of business responsibility in the field of human rights is the request (especially by civil society concerned with this issue) for tougher legal regulation. The basic directions of improvement of the legislative basis of public-private partnership in the sphere of realization of the concept of social responsibility of agrarian business and increase of activity of the state in introduction and development of the latter are offered.
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