Human rights and market access

Resumo

This paper describes how ordinary national rules can provide essential compliance regulation to access human rights abuses. It argues that sometimes purely competitiveness, commercial or even domestic common-law doctrine between private, non-state actors can be in fact human rights claims even if never pleaded as such internationally or in courts. The example studied is the new consumptive demand clause by the Trade Enforcement and Trade Facilitation Act of 2015 a ground-breaking change in a national American law that impacts the whole world. Because of that all importers to America need to be able to prove that do not use forced labor in their supply chains, so they are compelled to have a chain of custody to backtrack the production up to the raw material. In response to this new scenario, this Article sustain that legal studies have lot to gain from expanding the scope of human rights to business and its practical ways to manage the interdependence and regulation diversity recognizing that corporations, international organizations and civil society have an important role to play in the governance of this system. The methodology chosen was the descriptive and normative, using case study techniques and documentary, legislative and bibliographic research.