This thesis examines the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs) in Germany and Japan, highlighting differences rooted in historical, cultural, and legal contexts. It begins by presenting the main international human rights frameworks, focusing on the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). Despite similarities between Germany and Japan, such as their G7 membership, civil law systems, former bank-based economies and reliance on exports, notable differences exist regarding dispute resolution, the role of international law, and lobbying practices. Germany adopted the legally binding "Supply Chain Due Diligence Act," mandating transparency and sanctions, whereas Japan relies on JaCER, a voluntary, non-judicial mechanism aligned with UNGPs' third pillar. The thesis argues that lobbying and national economic interests undermine the effectiveness of these measures. It concludes by emphasizing the necessity of a stronger International regulatory framework to ensure genuine protection of human rights within global supply chains.

The UNGPs in Practice: A Comparative Study of Germany and Japan, and the Influence of Lobbying on Business and Human Rights

IEZZI, MATTEO
2024/2025

Abstract

This thesis examines the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs) in Germany and Japan, highlighting differences rooted in historical, cultural, and legal contexts. It begins by presenting the main international human rights frameworks, focusing on the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). Despite similarities between Germany and Japan, such as their G7 membership, civil law systems, former bank-based economies and reliance on exports, notable differences exist regarding dispute resolution, the role of international law, and lobbying practices. Germany adopted the legally binding "Supply Chain Due Diligence Act," mandating transparency and sanctions, whereas Japan relies on JaCER, a voluntary, non-judicial mechanism aligned with UNGPs' third pillar. The thesis argues that lobbying and national economic interests undermine the effectiveness of these measures. It concludes by emphasizing the necessity of a stronger International regulatory framework to ensure genuine protection of human rights within global supply chains.
2024
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14247/25844