ABSTRACT

This chapter discusses the special representative's emphasis on the prevention of human rights abuses and related strategies from a human rights perspective. In 2005, UN Secretary, General Kofi Annan appointed Professor John Ruggie as Special Representative of UN Secretary-General (SRSG) on the issue of human rights and transnational corporations and other business enterprises. The UN Guiding Principles aim to provide guidance for states and businesses. According to the SRSG, the principles elaborate on 'the implications of existing standards and practices for states and businesses'. An aggressive strategy on the part of the company to discredit the Ecuadorian judicial system, and never-ending legal proceedings, sharply illustrates the obstacles that victims face in trying to obtain reparations via judicial proceedings. The UN Guiding Principles were endorsed by a UN Human Rights Council resolution, but do not constitute a codification of customary international law. The preventive focus of the UN Guiding Principles, especially with respect to corporate responsibility, is crucial.