Business & Human rights: imprese transnazionali e tutela del diritto alla salute

Abstract

The purpose of the thesis is to offer a thorough investigation into the relations generated between the power of transnational corporations and state authorities and the international obligations involved, especially in the light of human rights violations that may arise. Economic liberalism, the promotion of trade with the relative removal of territorial barriers, the global market have led to the creation of globalized industrial formations with economic forces such as to influence the political structures of national States, thus going well beyond the specific functions of mere production of its products. First of all, it is interesting to understand how the internationalist doctrine deals with and defines the perplexities relative to the configuration of a subjectivity of international law "exceptionally recognized", which will then constitute the basis for future reflections. The first concerns the transnationality of the enterprise. This constitutive peculiarity, derived from the globalized market, allows the mechanism of the production system to subtract a specific unit from the territorial reconduction of the so-called parent company, while remaining an integral part of it. The state of the art of international law provides, for the host state authority, an impending obligation to regulate and control the activities carried out by companies on its territory. However, in practice, there are circumstances in States that are weak from the legislative point of view, with insufficient means of protection and scarce resources, such as to make them precisely for this reason, ideal destinations for investors who intend to evade the strictest provisions in force in their countries of origin. The role of transnational companies today, allows us to re-discuss the cornerstones of international law defined as state-centric and its ability to respond to the needs of current times. The establishment of the Open Ended Intergovernmental Working Group, which continues the work of the Special Rapporteur, Professor Ruggie, shows how much the issue is at the heart of the development of human rights at the United Nations. Legislation is also being developed along these lines in the Council of Europe with the adoption of Recommendation CM/Rec (2016)3 of November 2016, as well as in the EU with Directive 2014/95/EU on the obligation to publish non-financial information. In the light of these circumstances, the thesis analyses the specific issue of the responsibility of transnational corporations to respect and promote the right to health and its determinants, in the face of the epidemic spread of non-communicable diseases. For this reason, the research work focuses on the specific obligations related to the sectors of pharmaceutical companies, production and marketing of tobacco, food corporations. [edited by Author]