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Decentering human rights from the international order of states : The alignment and interaction of transnational policy channels

Mares, Radu LU (2016) In Indiana Journal of Global Legal Studies 23(1). p.171-199
Abstract

This article accounts for recent developments in corporate social responsibility, international trade and investment law, international human rights law, development aid, and the laws of home states reaching extraterritorially in order to advance a regulatory perspective on commerce and human rights. While these developments are remarkable, the analysis documents the prevalence of softer strategies and a corresponding scarcity of coercive legalization strategies. The question, then, is how to reason about these recent developments and their genuine potential for human rights protection. The article proposes two elements - a root-cause orientation and the interaction of policy channels - as indispensable for a regulatory and systemic... (More)

This article accounts for recent developments in corporate social responsibility, international trade and investment law, international human rights law, development aid, and the laws of home states reaching extraterritorially in order to advance a regulatory perspective on commerce and human rights. While these developments are remarkable, the analysis documents the prevalence of softer strategies and a corresponding scarcity of coercive legalization strategies. The question, then, is how to reason about these recent developments and their genuine potential for human rights protection. The article proposes two elements - a root-cause orientation and the interaction of policy channels - as indispensable for a regulatory and systemic perspective on business and human rights. To make corporate activities compliant with human rights, the emerging regulatory regime cannot afford to waste any source of leverage. In a less state-centric global order, this is a search for a multichannel, rights-holder-centered, transnational regulatory perspective that highlights alignment, interaction, and complementarity among international policy channels where strength can be achieved by creating a "rope" from weaker strands.

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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
Indiana Journal of Global Legal Studies
volume
23
issue
1
pages
29 pages
publisher
Indiana University Press
external identifiers
  • Scopus:84962676358
ISSN
1080-0727
language
English
LU publication?
yes
id
7d9af364-9577-4cd9-a12c-dee3efd2c33d
date added to LUP
2016-04-28 14:11:44
date last changed
2016-04-28 14:11:44
@misc{7d9af364-9577-4cd9-a12c-dee3efd2c33d,
  abstract     = {<p>This article accounts for recent developments in corporate social responsibility, international trade and investment law, international human rights law, development aid, and the laws of home states reaching extraterritorially in order to advance a regulatory perspective on commerce and human rights. While these developments are remarkable, the analysis documents the prevalence of softer strategies and a corresponding scarcity of coercive legalization strategies. The question, then, is how to reason about these recent developments and their genuine potential for human rights protection. The article proposes two elements - a root-cause orientation and the interaction of policy channels - as indispensable for a regulatory and systemic perspective on business and human rights. To make corporate activities compliant with human rights, the emerging regulatory regime cannot afford to waste any source of leverage. In a less state-centric global order, this is a search for a multichannel, rights-holder-centered, transnational regulatory perspective that highlights alignment, interaction, and complementarity among international policy channels where strength can be achieved by creating a "rope" from weaker strands.</p>},
  author       = {Mares, Radu},
  issn         = {1080-0727},
  language     = {eng},
  month        = {12},
  number       = {1},
  pages        = {171--199},
  publisher    = {ARRAY(0x8573e68)},
  series       = {Indiana Journal of Global Legal Studies},
  title        = {Decentering human rights from the international order of states : The alignment and interaction of transnational policy channels},
  volume       = {23},
  year         = {2016},
}