Advanced

A two-track, multi-channel regulatory model

Mares, Radu LU (2017)
Abstract
The story of human rights corporate accountability is not a story of a move towards stringent international and transnational regulations. One discussion nowadays is whether the UN Guiding Principles on business and human rights (UNGPs) should be hardened into law. Regulations on human rights due diligence (HRDD) would increase access to remedies forvictims, hold lead firms legally liable for their involvement in harm, and incentivize responsible business onduct. The UN has taken up the hard law question in 2014 and is pondering now the options for a treaty on corporate accountability. This brief is about sing legal coercion directed at the top of global value chains (GVCs) as a way forward. It addresses two questions: when and why... (More)
The story of human rights corporate accountability is not a story of a move towards stringent international and transnational regulations. One discussion nowadays is whether the UN Guiding Principles on business and human rights (UNGPs) should be hardened into law. Regulations on human rights due diligence (HRDD) would increase access to remedies forvictims, hold lead firms legally liable for their involvement in harm, and incentivize responsible business onduct. The UN has taken up the hard law question in 2014 and is pondering now the options for a treaty on corporate accountability. This brief is about sing legal coercion directed at the top of global value chains (GVCs) as a way forward. It addresses two questions: when and why should coercive regulations be promoted or not? How can the business and human rights governance regime become stronger even in the absence of such regulations aimed at lead firms in GVCs? The brief puts forward a regulatory framework and narrative to valorize less coercive legal strategies and non-legal strategies through ‘regulatory mixes’. Less coercive instruments could be
transparency laws, public procurement regulations, soft law instruments, and various policies inside and outside GVCs to enable responsible business conduct. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Working Paper
publication status
published
pages
11 pages
publisher
Raoul Wallenberg Institute of Human Rights
language
English
LU publication?
yes
id
3b4aa0fb-58d7-4229-8190-cd4f143ef420
date added to LUP
2017-12-04 10:55:11
date last changed
2017-12-04 10:57:50
@misc{3b4aa0fb-58d7-4229-8190-cd4f143ef420,
  abstract     = {The story of human rights corporate accountability is not a story of a move towards stringent international and transnational regulations. One discussion nowadays is whether the UN Guiding Principles on business and human rights (UNGPs) should be hardened into law. Regulations on human rights due diligence (HRDD) would increase access to remedies forvictims, hold lead firms legally liable for their involvement in harm, and incentivize responsible business   onduct. The UN has taken up the hard law question in 2014 and is pondering now the options for a treaty on corporate accountability. This brief is about sing legal coercion directed at the top of global value chains (GVCs) as a way forward. It addresses two questions: when and why should coercive regulations be promoted or not? How can the business and human rights governance regime become stronger even in the absence of such regulations aimed at lead firms in GVCs? The brief puts forward a regulatory framework and narrative to valorize less coercive legal strategies and non-legal strategies through ‘regulatory mixes’. Less coercive instruments could be<br/>transparency laws, public procurement regulations, soft law instruments, and various policies inside and outside GVCs to enable responsible business conduct.},
  author       = {Mares, Radu},
  language     = {eng},
  month        = {11},
  note         = {Working Paper},
  pages        = {11},
  publisher    = {Raoul Wallenberg Institute of Human Rights},
  title        = {A two-track, multi-channel regulatory model},
  year         = {2017},
}