Page 297 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

ฉบับพิเศษ ประจำ�ปี 2564

manner. As this procedure is based on non-legally binding provisions, its purpose is not
to ensure the application of a ratified Convention (i.e., Convention No.87 or No.98) but

the observance of the “principle” on freedom of association enshrined in the Preamble
of the Constitution. In other words, a preamble, a non-operational part of a treaty, is

followed up by another set of legally non-binding machineries. Thus, the principle of
freedom of association, one of the fundamental principles of ILS, is followed up by soft
laws. We know that the procedure has accomplished a great deal of improvement in the

last 70 years. Experience with the CFA procedure provides hope that observance of ILS
can be achieved by “soft” means. Theoretically speaking, it is possible that a similar

procedure could be designed for “principles” other than the principle of freedom of
association, by setting up a Committee on Forced Labour or a Committee on
Discrimination, for example. However, it would appear easier and quicker to entrust

the task to an even softer means.

2. The Role of CSR to Make the Referenced

Legal Instrument a Soft Law.

The last two decades saw a rapid growth in the implementation of corporate
social responsibility (CSR) policies. The UN Human Rights Council’s resolution

endorsing the Guiding Principles on Business and Human Rights (UNGP) is one of
3
the key documents, which has a relevance to the “soft” treatment of ILS. The UN General
Assembly resolution adopting the Sustainable Development Goals (SDGs) is yet another
4
more general, but key, document for discussion. In both documents, corporate entities
are invited to take up the promotion of social justice at their own initiatives. The second

of the three pillars of the UNGP, namely the “respect” of the human rights precept, is
nothing but an invitation to exercise CSR in corporate activities. Goal No.17 on
partnership of the SDGs is another part, which targets at corporate entities and invites

them to achieve the goals (including social justice) on their own initiatives.

3 A/HRC/RES/17/4 (21 March 2011).
4 Transforming our world: the 2030 Agenda for Sustainable Development, 18 September 2015, A/70/L.1.

295