Mandatory Human Rights Due Diligence (mHRDD) Laws Caught Between Rituals and Ritualism
The Forms and Limits of Business Authority in the Global Governance of Business and Human Rights
Bibliographic Data
| ID | 13019363 |
|---|---|
| Authors | Caroline Omari Lichuma (0000-0003-0799-7651, University of Nairobi, corresponding author) |
| Year | 2024 |
| Volume | 9 |
| Issue | 2 |
| Pages | 250-269 |
| Publication date | 2024-01-02 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Business and Human Rights Journal (JOURNAL) |
| Journal identifiers | ISSN: 2057-0198 • E-ISSN: 2057-0201 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/bhj.2023.47 |
| OpenAlex | W4390501678 |
| Language | EN |
| Citations received | 3 |
| References cited | 12 |
This article utilizes a ‘rituals-ritualism’ framework to assess the perils and potentials of relying upon mandatory human rights due diligence (mHRDD) laws to regulate the behaviour of transnational corporations (TNCs). This framework offers a socio-legal perspective that seeks to show how law is both influenced by and influences the social context within which it operates, i.e., the socially embedded operation of law. 1 It has been advanced as a useful rubric for assessing whether and how states comply with human rights treaties, 2 but can be extended to an assessment of mHRDD laws. Ultimately, this article hypothesizes that the potential regulatory effectiveness of mHRDD laws hinges on the extent to which HRDD obligations are transformed into rituals akin to cultural norms. In the absence of such a transformation, ritualism in HRDD will only further entrench a problematic status quo that has allowed TNCs to externalize the human rights and environmental impacts of their activities
Context (archaeology · Corporate governance · Due diligence · Economics · Human rights · Law and economics · Management · Political science · Sociology · Status quo · Corporate Law and Human Rights · Global trade, sustainability, and social impact · Law · Regulation and Compliance Studies
Regulating Aged Care
The ‘Court of Public Opinion
Beyond Buzzwords
Mandatory Human Rights Due Diligence in Germany and Norway
Rise of Mandatory Human Rights Due Diligence
Business authority in global governance
The governance authority of non-state actors in the business and human rights regime
The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
The Legitimacy of Global Governance Institutions
Legitimacy and Authority in International Politics
Empty Rituals or Workable Models? Towards a Business and Human Rights Treaty
| Citations per year | 1.5 |
|---|---|
| Citation span | 2024 - 2026 (3) |
| Highly cited | No |