Private Regulatory Initiatives, Human Rights, and Supply Chain Capitalism

Brinks, Daniel M.; Dehm, Julia; Engle, Karen; Taylor, Kimberlee

doi:10.2307/j.ctv1f45qkb.5

Cited by 2 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…25 Brinks et al argue that 'the inequalities and disparities of power and wealth that are a key characteristic of the contemporary global economy'. 26 Powers that corporations have come to enjoy in the current economic model is the main reason for such disparities of power. Birchall, for instance, analyses corporate power over human rights in four settings: power over individuals, power over materialities, power over institutions, and power over knowledge.…”

Section: Analytical Frameworkmentioning

confidence: 99%

Mandatory human rights due diligence laws in Europe: A mirage for rightsholders?

Deva

2023

Leiden Journal of International Law

View full text Add to dashboard Cite

Mandatory human rights due diligence (HRDD) laws in the European Union (EU) – both enacted and in the making – seem to be a promising tool to harden soft international standards in the business and human rights (BHR) field, the most prominent of these being the UN Guiding Principles on Business and Human Rights (UNGPs). This article develops a two-layered critique of mandatory HRDD laws. It problematizes the very concept of HRDD as articulated by the UNGPs. I will argue that due to various conceptual, operational and structural limitations, HRDD alone will not bring the desired changes for rightsholders, because this process does not address various asymmetries of power between corporations and affected communities. The second layer of critique concerns the content of mandatory HRDD laws enacted in France, the Netherlands, Switzerland, Norway and Germany. Assessing these laws vis-à-vis six preconditions required to protect effectively people and the planet from business-related harms, it is clear that these mandatory HRDD laws are half-hearted attempts to tame business-related human rights abuses and hold the relevant corporate actors accountable. In addition to developing more ambitious mandatory HRDD laws in future, states should employ a range of additional regulatory tools that pay greater attention to achieving outcomes, drawing red lines in certain situations, and promoting access to remedy and corporate accountability.

show abstract

Section: Analytical Frameworkmentioning

confidence: 99%

Mandatory human rights due diligence laws in Europe: A mirage for rightsholders?

Deva

2023

Leiden Journal of International Law

View full text Add to dashboard Cite

show abstract

“…Brinks et al argue that promoting corporate accountability also requires 'understanding the structural dynamics of uneven development and the inequitable allocation of value and power within supply chains, as well as developing initiatives to redress these inequalities'. 136 Although 86 per cent of global carbon emissions come from burning of coal, oil and gas, 137 the UNGP framework does not ask fundamental question about the compatibility of continuing fossil fuel development and the realization of human rights. As Deva identifies, the UNGPs 'do not ask whether it is even practicable to respect human rights within certain business models or certain situations and place'.…”

Section: Structural Limitations Of Climate Due Diligencementioning

confidence: 99%

Beyond Climate Due Diligence: Fossil Fuels, ‘Red Lines’ and Reparations

Dehm

2023

Bus. and hum. rights j.

View full text Add to dashboard Cite

The scale and scope of the climate crisis and its drastically worsening impacts means that even as a ‘climate due diligence’ obligation is increasingly taking shape as a dimension of human rights due diligence, there is also growing evidence of the limitations of this emerging norm. This article provides four critiques of climate due diligence based on its insufficiency, its conceptual ambiguity, its operational limitations, and its structural limitations. It argues that these critiques could be addressed by regulatory reform that draw clear ‘red lines’ based on the need to prevent the development of any new fossil fuel and address the ‘corporate capture’ of regulatory institutions by the fossil fuel industry. Additionally, it calls for reparations to ensure effective access to a remedy for existing and potential future climate-related human rights impacts that business has caused or contributed to.

show abstract

Private Regulatory Initiatives, Human Rights, and Supply Chain Capitalism

Cited by 2 publications

References 0 publications

Mandatory human rights due diligence laws in Europe: A mirage for rightsholders?

Mandatory human rights due diligence laws in Europe: A mirage for rightsholders?

Beyond Climate Due Diligence: Fossil Fuels, ‘Red Lines’ and Reparations

Contact Info

Product

Resources

About