This paper aims to understand if proactive contract theory can be used as a means of increasing responsible behavior and thus increase the respect for human rights in conflict areas, where the possibility of human rights abuse is higher than in other host countries that are not in conflict. The author’s main research question is whether the combination of heightened human rights due diligence (hHRDD) and proactive negotiation and enforcement of contracts can support the prevention or mitigation of human rights infringements, support and justify the continuance of businesses activities in conflict zones and for businesses to use their leverage to work towards the end of the conflict, therefore contributing to peace.
This paper is conceptual and uses legal scholarships to elaborate on legal questions as its main methodology. It is through doctrinal analysis that the ideas are presented.
This research finds that the combination of hHRDD and proactive contracts is a very useful tool for preventing human rights abuses in conflict areas. Through due diligence, one can understand in advance what the fragilities and possible incurrences of human rights abuses are, therefore acting in advance to prevent it from happening or working on a remedy for such fragility. Through proactive contracting corporations can work preventively and promotively with suppliers to find solutions for possible difficulties in contract performance and human rights infringement. This is theoretical work and would need to be tested.
The present theoretical contributions are limited by a lack of field work. Becausee this work is mostly theoretical, it uses up to date research and does not present new information on empirical data. The author’s intended contribution is to understand how businesses can increase corporate responsible behavior in conflict zones, to reduce human rights risks in conflict zones by acting both as risk managers and peace builders, with the application of the proactive contracts in their supply chains. It is the author’s understanding that contracts drafted in a proactive manner by businesses with their leverage can contribute to prevent or mitigate human rights infringements, justify the continuation of business operations in conflict areas, as well as contribute to peace and conflict resolution.
This work has practical implications to introduce theoretically new means of increasing human rights protection in conflict areas, through proactive contracting and hHRDD.
This work has social and economic implications as it is intended to broaden the performance of multinational corporations in conflict areas, understanding how corporations have a leverage to support the prevention or diminution of conflicts, increase respect for human rights through the maintenance of jobs and creation of wealth (or at least not diminishing the social condition through termination of their activities) in the conflict area through the continuation of their business operations.
This work is original, and all sources of doctrinal and legal information were withdrawn in the references.
