Human the rights articulated in these and other

Human Rights : Moral, Political, and LegalA moral or ethical conception of human rights holds that rights are ethical demands and that respecting rights is at a minimum an ethical requirement, though it may also be made a legal requirement via legitimate regulatory, judicial, and administrative mechanisms (B below).Such rights are the product of careful and informed analysis and argument and are binding on all rational agents. A political conception of human rights holds that rights are political demands and that respecting such rights is at a minimum a political requirement, though it may also be a legal requirement (C below).Such rights are the product of political agreements and are binding on those individuals, organizations, or nations who are party to the agreement or who are legitimately subject to those who are party to the agreement. It should be noted that political rights could also be moral rights insofar as political bodies, typically regional or international in scope, could come to agreements on human rights that were explicitly grounded in moral rights (A below).Unpacking the TNC Responsibility to RespectAssess the distinction between the state duty to protect and the TNC duty to respect,International Bill of Human Rights, articles 7 and 11 of the International Covenant on Economic, Social and Cultural Rights.One interpretation, states have a duty to put in place a regulatory framework that protects the rights articulated in these and other articles. TNCs have a responsibility to respect such regulatory frameworks by complying with all applicable law and regulations.As the SRSG recognizes, TNCs often operate in states with weak, corrupt, or despotic regimes where there may be few national laws regulating labor practices, environmental practices, bribery, or the ownership and use of natural resources in indigenous or tribal territories.Two cases of alleged human rights violations by TNCsOn a political conception of human rights, duties are derived from political agreements and are binding on those organizations or nations who are party to the agreement or who are legitimately subject to those who are party to the agreement.The answer to question 1, from the political perspective, is that TNCs should respect human rights when doing so will result in higher costs if they were party to the original agreement, or if they later endorsed the agreement.On the political conception of human rights, TNCs that are not legitimately bound by the framework, and that have no instrumental reasons for adhering to elements of the Framework, have no reasons for respecting laws that protect human rights when they could lawfully do otherwise, and they have no reason for adhering to unenforced laws within states barring independent considerations.