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Human Rights and Oil Companies - Essay Example

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Your Name Your Professor's Name Name of Course Date Human Rights and American Oil Companies This paper examines the link between human rights and multinational companies. It emphasizes on the responsibilities of Petroleum and Oil Exploration companies and their operations overseas…
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Download file to see previous pages It also examines prominent cases under the Alien Tort Statute of 1789. The paper goes on to view some codes of best practice in relation to the operations of American multinationals and petroleum companies overseas in relation to human rights. The paper concludes with the writer's opinions and findings about the subject. Human Rights “Human rights create entitlements and are fundamentally different from rights established solely as state obligations that cannot be claimed by the beneficiaries” (Kalin & Kunzli 32). This implies that human rights refer to some inherent rights that people must be granted irrespective of their status and situation. In other words, human rights are not conditional. In includes the right that any human being must be granted in any situation or condition. Although beneficiaries of human rights are individuals, they are sometimes asserted by minorities in various collective forms (Kalin & Kunzli 32). In other words, people can come together a group to demand their human rights in a collective manner. This can be done through group actions like protests on the street or universal adult suffrage elections like a referendum or plebiscite to choose a given option. Human rights are constitutive and not regulative (Milne 103). This is in line with John Locke's view on natural right which requires people to be granted certain rights without having to work for it (Donelly 18). These rights are based on moral vision. This should generally include natural justice wich involves the right to life and the right to fair trial and justice on the part of all human beings. No one must decide whether to grant those rights or not. They are inherent and there are no conditions or exceptions that can be attached to such rules. In a nation, there are three main conceptions that ensure that human rights are entrenched and observed throughout the nation (Milne 104). First of all, human rights are guaranteed where there is the rule of law. In other words, human rights can be guaranteed if there is a constitution and the constitution guarantees some inherent and inalienable rights of people in a given society. Secondly, the supremacy of human rights laws must be guaranteed. And thirdly, there should be equality before the law in the interpretation of human rights law. Due to the supremacy and entrenched nature of human rights, all groups and units within a given nation must honor these laws. This therefore means that businesses in every nation, whether they are international or local, should honor human rights laws. Human rights laws are internationally guaranteed (Kalin & Kunzli 32). This therefore means that there is an international framework within which human rights can be discharged. Laws that Protect Humans Rights In every nation, the constitution and fundamental rights must ensure that basic human rights are protected. The Parliament of every nation must make laws that are sensitive to human rights (Campbell & Goldsworth 259). This therefore means that there should be an entrenched and established universal system that must respect and honor the basic rights of all citizens. The parliament or law making body of every nation should be sensitive to fundamental human rights in the making of laws. Also, in interpreting the law in relation to specific cases, the Judiciary must guarantee the human rights of individuals. Where this is in ...Download file to see next pagesRead More
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