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Regulating in a Transnational Context: Three Foundational Principles

Mares, Radu LU (2017)
Abstract
This brief puts forward three foundational principles that explain the difficulties in regulating multinational enterprises. This has implications on whether more or less coercive strategies could be pursued to ensure responsible business conduct. The task of regulating lead firms should remain mindful of fundamental considerations of corporate law (legal separation of entities), international law (national sovereignty) and human rights law (leverage for rightholders). To succeed, regulation should be designed in a way that minimizes the frictions with these three principles. In many situations the task is to conceive policy mixes adapted to the mobility of global value chains and thus deliver a regulatory regime able to account for and... (More)
This brief puts forward three foundational principles that explain the difficulties in regulating multinational enterprises. This has implications on whether more or less coercive strategies could be pursued to ensure responsible business conduct. The task of regulating lead firms should remain mindful of fundamental considerations of corporate law (legal separation of entities), international law (national sovereignty) and human rights law (leverage for rightholders). To succeed, regulation should be designed in a way that minimizes the frictions with these three principles. In many situations the task is to conceive policy mixes adapted to the mobility of global value chains and thus deliver a regulatory regime able to account for and navigate a course around foundational principles specific to the transnational business and human rights area. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Book/Report
publication status
published
subject
keywords
Human rights, Mänskliga rättigheter
publisher
Raoul Wallenberg Institute of Human Rights
project
Lund Human Rights Research Hub
language
English
LU publication?
yes
id
59338f24-c58d-4e4c-9a24-59eeafc81a73
date added to LUP
2017-11-06 09:06:19
date last changed
2022-10-04 09:48:49
@techreport{59338f24-c58d-4e4c-9a24-59eeafc81a73,
  abstract     = {{This brief puts forward three foundational principles that explain the difficulties in regulating multinational enterprises. This has implications on whether more or less coercive strategies could be pursued to ensure responsible business conduct. The task of regulating lead firms should remain mindful of fundamental considerations of corporate law (legal separation of entities), international law (national sovereignty) and human rights law (leverage for rightholders). To succeed, regulation should be designed in a way that minimizes the frictions with these three principles. In many situations the task is to conceive policy mixes adapted to the mobility of global value chains and thus deliver a regulatory regime able to account for and navigate a course around foundational principles specific to the transnational business and human rights area.}},
  author       = {{Mares, Radu}},
  institution  = {{Raoul Wallenberg Institute of Human Rights}},
  keywords     = {{Human rights; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{11}},
  title        = {{Regulating in a Transnational Context: Three Foundational Principles}},
  url          = {{https://lup.lub.lu.se/search/files/124999878/Regulation_in_transnations.pdf}},
  year         = {{2017}},
}