Business Obligations

Introduction

There is guidance in terms of making the business in UK. Many service providers are guided by the regulations the country imposed to protect both of the workers and the management team. A service provider has to take the steps within the scope of the given regulations and keep the business align to it to avoid some misunderstanding in relation to its application. The regulations are focused in legal structures in establishing the business and any extensions. Companies have their legal duties and respect in human rights. Human rights advocates, who have traditionally focused on government accountability and includes business.

Direct and Indirect Obligations

The protection of human rights is primarily concerned with the obligations of states and gradually providing legal obligations to companies.

- The states have a duty to protect human rights and in consequence must ensure that private actors, including companies, do not abuse them – this duty gives rise to indirect obligations on companies.

- International law can place direct legal obligations on companies, which might be enforced internationally when stated are unable or unwilling to take action themselves. Indirect obligations are firmly established. Though less strong, there is some basis for extending direct legal obligations to companies.

Beyond Voluntarism

Not everyone believes that law, and international human rights law in particular, is the appropriate instrument for ensuring that companies respect human rights. Some argue that voluntary approaches and self-regulation have produced results and that appeals to self-interest ultimately change company behavior more effectively. The point is made that international legal rules are abstract and difficult to enforce, and that companies are already subject to national law and regulation. In many relevant areas including health and safety, labor rights, and environmental protection are considered part of the company obligation.

Law Complements Voluntary Approaches

Law can never provide a complete solution. International legal rules are difficult to apply in practice and will not change company behavior overnight – as they have not immediately transformed the behavior of governments. Voluntary codes can be easier to apply, because they are adapted to the circumstances of particular industries or firms. Some go beyond minimum human rights standards. Even where voluntary approaches are working, however, anchoring these in a legal framework is likely to enhance their effectiveness. And where voluntary approaches are not effective, a legal framework provides powerful tools and incentives for improvement. Legal and voluntary approaches should complement one another.

Direct Legal Obligations on Companies

International law can impose obligations directly on companies. The international legal system is made by states but is no longer exclusively for states. It is evolving to regulate companies directly, as well as indirectly through states. Many inter-governmental organizations have concluded that companies should respect human rights and some international standards already refer explicitly or by interpretation to companies. They include:

• The Preamble to the Universal Declaration on Human Rights,

• The Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, adopted by the International Labor Organization (ILO),

• The Guidelines for Multinational Enterprises, adopted by the Organization for Economic Co-operation and Development (OECD).

Many legal experts continue to say that existing declarations referring to corporations are voluntary in character, or are “soft law” standards that do not impose a legal duty on companies to abide by human rights norms. The reality is more complex. Both the OECD and ILO documents have the status of authoritative and high-level declarations of states. The Universal Declaration remains one of the most respected and authoritative human rights documents.

Binding international legal norms also impact on companies. The most serious human rights violations are outlawed by international criminal law. Managers or employees may be prosecuted if they are implicated in crimes against humanity or war crimes.

Case Analysis

Since it is voluntary and free of service, the management should not blame what happened to them. The investigation will start form the existence of the asbestos in the ceiling. The investigators should trace all the possibilities, the events, and the purpose of placing the asbestos.

However, part of the club’s responsibility is to be concerned about the people who were present in the held meeting. The managers should assist those individuals who experienced suffocation, head ache, vomiting or anything related in the case of inhaling the asbestos. After the action conducted by the managers, they should report it back to the management or to the owners so that they can provide proper action and health assistance for the volunteers. They must repay the volunteers for their kindness even though at some point, they will experience a month of loss.

Works Cited:

Department of Business Innovation and Skills. [2009]. Guidance for Business on the Provision of Services Regulation. [Online] Available at: http://www.berr.gov.uk/files/file53100.pdf. [Accessed 11 Nov 2009].

Howen, N., et al., 2002. Beyond Voluntarism. Human Rights and the Developing International Legal Obligations of Companies. International Council on Human Rights Policy. [Online] Available at: http://www.ichrp.org/files/summaries/7/107_summary_en.pdf. [Accessed 11 Nov 2009]