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@article{ART003033990},
author={Minju Kang},
title={Responsible Exit in the Context of Business and Human Rights},
journal={Journal of Human Rights Studies},
issn={2635-4632},
year={2023},
volume={6},
number={2},
pages={111-160},
doi={10.22976/JHRS.2023.6.2.111}

TY - JOUR
AU - Minju Kang
TI - Responsible Exit in the Context of Business and Human Rights
JO - Journal of Human Rights Studies
PY - 2023
VL - 6
IS - 2
PB - Korean Association of Human Rights Studies
SP - 111
EP - 160
SN - 2635-4632
AB - This article introduces ongoing discussions and key principles of Responsible Exit, aimed at preventing or minimizing human rights violations when multinational corporations can no longer continue their business due to force majeure circumstances such as disputes, pandemics, major natural disasters, or serious and systemic human rights violations committed by third parties. Since the emergence of the Business and Human Rights(BHR) discourse, robust debates have taken place concerning responsible business conduct throughout the course of business operations. However, little attention has been given to responsible business conduct in the context of the suspension and withdrawal of a project or company. The suspension or withdrawal of business projects, particularly those undertaken by large-scale multinational corporations, has a profound impact on the lives and human rights of stakeholders and local communities, comparable to, if not greater than, that of the initiation or operational phases of a business. In particular, as observed during Myanmar’s military coup and the Russian invasion of Ukraine, it is critically important to consider the business-related human rights impact in urgent withdrawals in the context of high-risk and emergency situations. Against this backdrop, this article seeks to clarify the key concepts and principles of Responsible Exit within the context of business withdrawals. It synthesizes the principles and practices of Responsible Exit derived from the existing discourse on Business and Human Rights. The article proposes categories that trigger business exits, outlines core principles and guidelines for withdrawal, provides best practices and benchmarks, and identifies relevant stakeholders. Finally, the article proposes an international human rights regime to effectively promote and assist states in implementing the principles of Responsible Exit through a combination of both soft-law and hard-law approaches.
KW - Business and Human Rights;Responsible Exit;Conflict-affected area;Human Rights Due Diligence (HRDD)
DO - 10.22976/JHRS.2023.6.2.111
ER -

Minju Kang. (2023). Responsible Exit in the Context of Business and Human Rights. Journal of Human Rights Studies, 6(2), 111-160.

Minju Kang. 2023, "Responsible Exit in the Context of Business and Human Rights", Journal of Human Rights Studies, vol.6, no.2 pp.111-160. Available from: doi:10.22976/JHRS.2023.6.2.111

Minju Kang "Responsible Exit in the Context of Business and Human Rights" Journal of Human Rights Studies 6.2 pp.111-160 (2023) : 111.

Minju Kang. Responsible Exit in the Context of Business and Human Rights. 2023; 6(2), 111-160. Available from: doi:10.22976/JHRS.2023.6.2.111

Minju Kang. "Responsible Exit in the Context of Business and Human Rights" Journal of Human Rights Studies 6, no.2 (2023) : 111-160.doi: 10.22976/JHRS.2023.6.2.111

Minju Kang. Responsible Exit in the Context of Business and Human Rights. Journal of Human Rights Studies, 6(2), 111-160. doi: 10.22976/JHRS.2023.6.2.111

Minju Kang. Responsible Exit in the Context of Business and Human Rights. Journal of Human Rights Studies. 2023; 6(2) 111-160. doi: 10.22976/JHRS.2023.6.2.111

Minju Kang. Responsible Exit in the Context of Business and Human Rights. 2023; 6(2), 111-160. Available from: doi:10.22976/JHRS.2023.6.2.111

Minju Kang. "Responsible Exit in the Context of Business and Human Rights" Journal of Human Rights Studies 6, no.2 (2023) : 111-160.doi: 10.22976/JHRS.2023.6.2.111