WHAT IS THE PROPER ROLE OF COMMERCIAL LAW WITH REGARD TO HUMAN RIGHTS?
The law relating to commerce is not to be found in just one place. We need to consider the whole regulatory armoury that applies at any one time. Provisions affecting the enforcement of contracts and the transfer of funds must be considered alongside the criminal law and provisions protecting human rights (such as anti-discrimination provisions and industrial law). Commercial law creates markets – they are not something that exists in nature. It regulates those markets. It makes contracts enforceable. It regulates the supply of labour and capital and remedies unfair practices. It punishes corruption and it compensates for fraud. It attempts by its requirements under the rule of law to create good corporate citizens and worthy commercial individuals. And to protect human rights. One area that has recently received attention is that of the bribery of foreign officials in the course of international business. The legislative provisions that are emerging may properly be described as a part
