Decentering human rights from the international order of states : The alignment and interaction of transnational policy channels
(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
- Mares, Radu LU
- organization
- publishing date
- 2016-12-01
- 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
- project
- Lund Human Rights Research Hub
- language
- English
- LU publication?
- yes
- id
- 7d9af364-9577-4cd9-a12c-dee3efd2c33d
- date added to LUP
- 2016-04-28 14:11:44
- date last changed
- 2022-03-23 22:43:24
@article{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 = {{Indiana University Press}},
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}},
}