Author ORCID Identifier

Barnali Choudhury: 0000-0002-5762-2957

Document Type

Article

Publication Date

8-14-2023

Source Publication

Business and Human Rights Journal (2023), 8, 180–196 doi:10.1017/bhj.2023.29

Keywords

corporate law; corporate purpose; fiduciary duty; human rights; shareholders

Abstract

The take-up of mandatory human rights due diligence (HRDD) initiatives by states is continuously gaining momentum. There are now numerous states adopting some form of HRDD laws. While corporations being duly diligent in respecting human rights is a positive step towards addressing problems of business and human rights, these HRDD initiatives on their own may only be a form of window-dressing, that is, enabling states to put a smart spin on their efforts to address business and human rights issues without addressing some of the root causes of that predicament. As a result, HRDD laws are likely to be a helpful, but insufficient tool for addressing corporate abuse of human rights. One reason for this is because the root cause of many business and human rights problems is the structural elements and goals of corporate law facilitates corporate violations of human rights. So long as states fail to transform the way in which corporations operate – in part, by reconceptualizing corporate law – even the best drafted HRDD laws will be inadequate to halt corporate harms.

Download

Request a copy that is accessible using assistive technology (link opens in a new window)

Share

COinS