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The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance

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  • Hsieh, Nien-hê

Abstract

Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice.

Suggested Citation

  • Hsieh, Nien-hê, 2004. "The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance," Business Ethics Quarterly, Cambridge University Press, vol. 14(4), pages 643-661, October.
    • Handle: RePEc:cup:buetqu:v:14:y:2004:i:04:p:643-661_00
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    Cited by:

    1. Wim Dubbink, 2018. "The Bystander in Commercial Life: Obliged by Beneficence or Rescue?," Journal of Business Ethics, Springer, vol. 149(1), pages 1-13, April.
    2. Tadhg Ó Laoghaire, 2023. "Why (Some) Corporations Have Positive Duties to (Some of) the Global Poor," Journal of Business Ethics, Springer, vol. 184(3), pages 741-755, May.
    3. Victor Oltra & Jaime Bonache & Chris Brewster, 2013. "A New Framework for Understanding Inequalities Between Expatriates and Host Country Nationals," Journal of Business Ethics, Springer, vol. 115(2), pages 291-310, June.
    4. Andreas Ostermaier & Dominik Aaken, 2020. "Freedom trumps profit: a liberal approach to business ethics," Journal of Business Economics, Springer, vol. 90(5), pages 947-962, June.
    5. Dina M. Abdelzaher & Amr Kotb & Akrum Helfaya, 2019. "Eco-Islam: Beyond the Principles of Why and What, and Into the Principles of How," Journal of Business Ethics, Springer, vol. 155(3), pages 623-643, March.
    6. Lisa Herzog, 2017. "No Company is an Island. Sector-Related Responsibilities as Elements of Corporate Social Responsibility," Journal of Business Ethics, Springer, vol. 146(1), pages 135-148, November.
    7. Eric Orts & Alan Strudler, 2009. "Putting a Stake in Stakeholder Theory," Journal of Business Ethics, Springer, vol. 88(4), pages 605-615, October.
    8. Kirsten Martin, 2023. "Predatory predictions and the ethics of predictive analytics," Journal of the Association for Information Science & Technology, Association for Information Science & Technology, vol. 74(5), pages 531-545, May.
    9. Pasi Heikkurinen & Jukka Mäkinen, 2018. "Synthesising Corporate Responsibility on Organisational and Societal Levels of Analysis: An Integrative Perspective," Journal of Business Ethics, Springer, vol. 149(3), pages 589-607, May.
    10. Wim Dubbink & Luc Liedekerke, 2014. "Grounding Positive Duties in Commercial Life," Journal of Business Ethics, Springer, vol. 120(4), pages 527-539, April.
    11. Rüdiger Hahn, 2009. "The Ethical Rational of Business for the Poor – Integrating the Concepts Bottom of the Pyramid, Sustainable Development, and Corporate Citizenship," Journal of Business Ethics, Springer, vol. 84(3), pages 313-324, February.
    12. Gregory Wolcott, 2015. "The New (Old) Case for the Ethics of Business," Journal of Business Ethics, Springer, vol. 132(1), pages 127-146, November.
    13. Akrum Helfaya & Amr Kotb & Rasha Hanafi, 2018. "Qur’anic Ethics for Environmental Responsibility: Implications for Business Practice," Journal of Business Ethics, Springer, vol. 150(4), pages 1105-1128, July.

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