Human Rights and the New Corporate Accountability: Learning from Recent Developments in Corporate Criminal Liability

“…The second line of research—action—examines how businesses can be made responsible and held accountable for human rights violations through either existing or future international law, domestic regulation (Augenstein, 2018b; Van Ho, 2018; Voiculescu, 2009), or so‐called soft law, that is, non‐binding guidelines or standards (Buhmann, 2018; Jägers, 2021). BHR scholarship has critically reflected on the content and potential impact of the UNGPs on state as well as on business behaviour; in this vein, Jägers (2011) criticizes the weak and vague language used in the UNGPs and the emphasis on non‐judicial remedy mechanisms, concluding that the UNGPs are a missed opportunity.…”

Section: Overview Of Business and Human Rights Scholarshipmentioning

confidence: 99%

The Importance of Human Rights for Management and Organization Studies

Schrempf‐Stirling,

Van Buren

2024

British J of Management

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Business and human rights (BHR) scholarship examines the role of business in human rights violations as well as business responsibilities to respect human rights and to provide remedy where needed. BHR scholarship has been thriving over the last several decades, but it is at a turning point that begs for increased cross‐disciplinary exchange. We argue that dealing systematically and explicitly with a human rights perspective in management and organization studies provides BHR scholarship with a new impetus as well as with alternative perspectives on how to understand and further advance human rights obligations on businesses. We advance two BHR conceptualizations that will provide guidance for integrating human rights in management with organization studies research and thereby enlarge the cross‐disciplinary conversation on BHR: BHR as Global Governance and BHR as Sensemaking. This paper expands existing management and organization studies constructs, invites management and organization studies scholars to provide their insights into this important research domain, and discusses the implications of human rights for the firm.

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“…Indeed, the expansion of the ICC's mandate in this manner could create even more political opposition to the Court's very existence. 245 Other objections have emphasised the need for complementarity between national and international spheres, 246 and the inherent difficulties in establishing the actus reus 247 and mens rea of corporate entities. 248 While the first ICC prosecutor was likely correct when he remarked, '[f]ollow the trail of the money and you will find the criminals', 249 given the complex corporate structures boasted by many business actors, the difficulty in pinpointing specific individuals to bear criminal responsibility will be significant.…”

Section: Remedies and Enforcement Mechanismsmentioning

confidence: 99%

Assessing the Feasibility of a Business and Human Rights Treaty

McConnell¹

2016

ICLQ

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In light of a recent shift in dialogue to hard law standards in the domain of business and human rights, this article provides an in-depth examination of the viability of a business and human rights treaty. It seeks to advance a valid theoretical model for a treaty that directly addresses non-State actors, explores the allocation of responsibility among multiple duty-bearers, and contemplates the scope, content, and enforcement of the potential obligations. By supplementing this analysis with analogies drawn from existing treaty regimes, the article aims to contribute positively to the normative development of international law in the field.

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Human Rights and the New Corporate Accountability: Learning from Recent Developments in Corporate Criminal Liability

Abstract: business and human rights, corporate agency, corporate social responsibility, human rights, SRSG 3rd report, UN,

Cited by 9 publications

References 16 publications

Beyond Guilty Verdicts: Human Rights Litigation and its Impact on Corporations’ Human Rights Policies

Beyond Guilty Verdicts: Human Rights Litigation and its Impact on Corporations’ Human Rights Policies

The Importance of Human Rights for Management and Organization Studies

Assessing the Feasibility of a Business and Human Rights Treaty

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