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Mongolia’s journey in promoting human rights amidst its thriving extractives industry reflects a complex interplay between economic growth, inclusive development, human rights and environmental rights. While hailed as among Asia’s freest countries, Mongolia continues to grapple with persistent issues, notably in balancing its economic aspirations and mineral wealth with protecting the rights of communities and the environment. This piece critically examines the mining sector’s impact on local communities and environmental protection. It assesses competing interests, exploring the tensions generated across diverse stakeholder groups. Furthermore, it highlights opportunities for a more human rights-centric framework within the extractives industry in order to foster responsible business conduct and sustainable development.
As companies struggle to conduct human rights due diligence and governments attempt to monitor compliance with supply chain regulations, they are increasingly turning to digital technologies such as artificial intelligence (AI). While AI-based tools can improve supply chain visibility and assess human rights risks, they carry potential risks of marginalizing rightsholders and undermining traditional conceptions of corporate accountability. This article examines the methodologies behind these tools, the role of technology firms in their design and application and the unintended consequences of relying on those firms to interpret the legal norm of human rights due diligence. It draws on a critical analysis of AI-based tools as well as interviews with officials from technology firms, consultants and human rights advocates. I argue that although AI can enhance human rights due diligence, AI-driven corporate accountability delegates interpretive judgment to technology firms, privatizes human rights and deemphasizes stakeholder engagement.
Following the International Court of Justice’s (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change, not only have States’ obligations and responsibilities regarding climate change come into greater focus, but so too have those of private corporate greenhouse gas (GHG) emitters. The ICJ opinion adds to an array of recent legal and regulatory developments that are shaping the accountability of corporate actors for climate actions and impacts. This article aims to provide a basis for critical analysis of the role of law and regulation in contributing to global corporate climate accountability, thus responding to a significant gap in the literature and practice. Underpinned by greater appreciation of carbon major companies’ role in driving climate change—and growing scientific evidence attributing specific impacts to their emissions—the article argues that a legal ‘ecosystem’ for global corporate climate accountability is emerging and seeks to map its core characteristics and inflection points. Developments across this ecosystem are taking place at and between the levels of international, domestic/regional and transnational law, including the ICJ’s advisory ruling, transnational climate cases, harmonised standard-setting processes and findings in domestic and regional corporate climate litigation. As interactions between these legal developments increase, the resulting ecosystem of applicable norms and implementation mechanisms is becoming denser. This article discusses hypothesised implications of these interactions across the global corporate climate accountability ecosystem, asking to what extent the ecosystem’s growing density may amplify corporate accountability for climate harms or, conversely, dilute companies’ accountability for the climate effects of their activities by fragmenting the legal response across a multitude of forums.
Mapping and measuring corporate harm to human rights and the environment remains difficult due to limited data transparency and inconsistent reporting standards. Yet robust information is essential to understand the magnitude of the problem, track progress and support an empirical research agenda capable of identifying what effectively curbs business-related misconduct. This paper introduces a new open-access dataset documenting alleged human rights and environmental abuses—the REBALANCE Business-related Human Rights and Environmental (BRAVE) database—involving 83 of the largest publicly listed European multinational corporations between 2000 and 2020. Built from systematic data collection from the Business & Human Rights Centre, the dataset codes allegations by type of abuse, country, victims affected, corporate involvement (direct or indirect) and severity, enabling comparative and longitudinal analyses. By offering a replicable empirical foundation, BRAVE aims to support evidence-based research, policy development and stronger corporate accountability in the business and human rights field.
Plastic pollution is a diffuse, cumulative and value chain-generated environmental problem that remains insufficiently addressed by existing product, waste and market regulations. This article examines the potential of the EU Corporate Sustainability Due Diligence Directive (CSDDD) to function as a horizontal governance mechanism capable of embedding plastics-related risk management within corporate decision-making. Using a doctrinal and governance-oriented analytical framework, the article assesses whether plastic pollution qualifies as an “adverse environmental impact” under the Directive, how its risk-based obligations may apply across upstream and downstream stages of plastics value chains, and how its enforcement architecture shapes corporate accountability. The analysis demonstrates that, although the CSDDD does not directly regulate plastics, it can procedurally operationalise existing EU plastics and circular economy objectives by integrating environmental risk management into corporate governance systems. At the same time, its effectiveness is constrained by structural limitations, including the exclusion of post-consumer stages, challenges of causation in diffuse pollution contexts and variations in enforcement across Member States. The article contributes a systems-oriented assessment of regulatory coherence at the intersection of plastics governance and corporate due diligence, while critically evaluating the limits of procedural regulatory approaches in addressing systemic environmental harm.
Businesses have a long-standing record of involvement in severe human rights violations, a trend that continues today and is likely to persist, and that is often aggravated during periods of conflict. However, corporate actors have mostly been excluded from transitional justice mechanisms, and corporate accountability remains an elusive element of transitional justice. In this context of impunity, scholars have called for the inclusion of economic actors in transitional justice processes and for stronger links between the transitional justice and business and human rights (BHR) fields. Focusing on Colombia, this chapter explores the mobilisation of victims’ organisations during and after the Peace Agreements, highlighting their pivotal role in shaping transitional justice and BHR debates and contesting corporate impunity. It underscores the need for context-sensitive, legally binding accountability mechanisms, and argues that addressing corporate complicity in conflict is not only essential for achieving justice but also a demand rooted in victims’ lived experiences, offering valuable insights for the intersection of transitional justice and BHR.
As private companies assume a growing role in climate adaptation, their strategies may harm society and ecosystems unless grounded in responsible business conduct. This Element offers a new perspective on responsible business conduct in climate adaptation, presenting a theoretical framework that explains how regulatory and political factors external to firms influence their consideration of societal needs when adapting to climate change. Using a novel quantitative and qualitative dataset, the Element shows that the world's largest mining companies have primarily addressed climate risks through conventional corporate social responsibility strategies rather than procedural components of responsible business conduct, such as risk assessments, participation, and transparency. The results suggest this outcome is best explained by a combination of weak governance, lax voluntary standards, and civil society advocacy. This title is also available as Open Access on Cambridge Core.
This introductory chapter sets out the book’s key findings, methodology and structure. It also introduces the principal questions the book seeks to address. How have agents, operating at national, international and transnational levels, attempted to institutionalise the norm of corporate accountability for human rights violations linked to transnational corporate activity? What do these initiatives reveal about the nature of transnational legalisation, and how legalisation should be framed or conceptualised in the twenty-first century? Finally, could a revised framework of legalisation help explain when transnational litigation and soft law initiatives are more likely to succeed in the future?
The book examines the various arenas in which actors are making – and breaking – the rules in business and human rights. It advances a framework for analysing these developments by adapting the liberal institutionalist concept of legalisation articulated in Kenneth Abbott et al.’s article ‘The Concept of Legalization’. Applied in the transnational context, the classic framework appears incomplete: it omits a crucial dimension – implementation – which operates alongside obligation, precision and delegation. The empirical chapters in this book reveal that efforts toward implementation are often pursued with the aim of strengthening one or more of the other dimensions over time. In such cases, actors play the long game: they may accept lower levels of obligation, precision or delegation in the short term, anticipating that early attention to implementation will enhance these dimensions in the longer run. Beyond business and human rights, this revised framework may also illuminate regulatory dynamics in transnational fields such as climate governance, national security, and anti-trafficking.
Edited by
Filipe Calvão, Graduate Institute of International and Development Studies, Geneva,Matthieu Bolay, University of Applied Sciences and Arts Western Switzerland,Elizabeth Ferry, Brandeis University, Massachusetts
Building upon the ambiguous status of gold as both a monetary asset and a commodity, this chapter interrogates the plural veridictions that support industry claims to responsible business conduct. Through a chronicle of the political and legal struggles surrounding the “true” provenance of gold imported to Switzerland, it suggests that responsibility claims rely on a regime of discrete transparency. Transparency practices in the gold trade are both discreet in their efforts to preserve the secrecy of business operations, and discrete in the legal processes through which they separate normative orders to establish different veridictions on the “true” provenance and ownership of gold. Rather than opposing notions of transparency and secrecy, these veridictions seek to assemble the values associated with both terms. Challenging these veridictions supposes a disentanglement of gold from its status either as money or as commodity, and a shift from an ontology of individuals-as-consumers to one of individuals-as-citizens. A third veridiction emerges once imported gold is considered part of a stream of information owned by the sovereign rather than in terms of its relation to a consumer.
In Corporate Power and the Politics of Change, Matteo Gatti examines how corporations have taken on roles traditionally reserved for governments – advocating on social issues, setting internal norms, and stepping in where public institutions fall short. This phenomenon, called corporate governing, takes two forms: socioeconomic advocacy, when companies take public stances, and government substitution, when they deliver services or protections the state does not provide. Drawing on legal doctrine and insights from the social sciences, Gatti shows how this shift reflects broader pressures within firms and deep dysfunction outside them. The rise of corporate governing has also triggered political, legal, and cultural backlash that challenges its legitimacy and reach. Clear-eyed and timely, this book offers a framework for understanding how corporate power reshapes policymaking and what that means for business and democracy.
This article examines how concentrated corporate power in the technology sector reshapes repression and human rights harm, arguing that an integrated Business and Human Rights (BHR) and Transitional Justice (TJ) approach is needed. It identifies three persistent gaps in BHR practice—regulatory fragmentation, limited access to remedy and Global North dominance—and demonstrates how TJ principles, particularly victim-centred participation, Global South leadership and transformative reparations, can address these challenges. Drawing on Latin American experiences with truth-seeking, reparations and corporate accountability, the article develops a hybrid BHR–TJ framework designed to confront power asymmetries, strengthen remedies and embed guarantees of non-repetition in global governance. The argument positions this integration as a forward-looking response to the structural harms of the digital economy, offering tools to move beyond proceduralism towards systemic corporate accountability. By combining BHR’s regulatory tools with TJ’s participatory and transformative approaches, the article contributes a novel accountability model for the digital era.
After the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the Human Rights Council on 16 June 2011, 15 March 2024 marked another milestone for transnational corporate governance. That day, a qualified majority of the member states of the European Union (EU) voted in favour of the Directive on Corporate Sustainability Due Diligence (CSDDD) setting human rights and environmental obligations for large companies in their global value chains.1 The CSDDD is the first region-wide due diligence legislation, yet it is also a political compromise among EU member states, which civil society and business have been watching closely. This piece explains the main elements of the CSDDD and outlines some of its implications beyond the EU.
This Special Issue denotes the first comprehensive attempt to place business and human rights-related (BHR) developments in the Central and Eastern Europe (CEE) region on the map of global discussions in BHR. The CEE is a geographical area that is historically, politically, socio-economically, geo-strategically and culturally distinct from other regions, including Western Europe. Hence, this Special Issue explores the region’s specific elements and factors and how they affect and influence the implementation and embedding of human rights in the practice of business enterprises in the region. The ‘Scholarly Articles’ and ‘Developments in the Field’ pieces collected in this issue highlight the promising and not-so-promising developments and practices of state institutions, business enterprises, and other actors. It documents the current situation in the region and outlines ideas and prospects for addressing the identified challenges over the next decade. As an introduction to the Special Issue, this editorial outlines the region’s leading trends and prospects in BHR. It reflects on persisting challenges and notes the region’s progress in BHR awareness, knowledge and capacity in recent decades.
The debate over whether corporate social responsibility should comprise soft law responsibility or legally binding obligations is inadequate to address the legal relationship between corporations and society. The corporate social responsibility movement addresses only an economic agency problem and overlooks a fundamental gap between economic agency and legal agency, or attribution. The former is the problem of potential divergence of interests between a principal and an agent, and the latter concerns the laws regulating the relationship between a person and his or her representative. Corporate social responsibility is meant to respond to the first of these— – the economic agency problem – —as scholars have analyzed at length. However, the legal structures needed to address attribution and legal accountability are still far from established. The chapter proposes an attribution framework that can appropriately address the legal agency problem, in other words, to address corporate social accountability. It suggests that creating a new form of fictitious legal entity could help address this problem by resolving collective action issues.
Chapter 7 proposes how the liability framework should be implemented. Harm liability can flow from a statutory standard or local tort law. This focus allows liability to complement, rather than replicate, public enforcement. The quantum of liability should depend on the harm incurred by the victim, rather than on the wrongfulness of the perpetrator’s conduct or the consequences that the perpetrator foresaw. Privacy liability is most effective as part of a mechanism of collective redress, such as class actions. A robust notion of loss and harm can address problems of insufficient compensation and uncertainties in class certification. Considering privacy problems at scale, we need a framework recognizing mass privacy effects for regulators and courts.
Tech companies bypass privacy laws daily, creating harm for profit. The information economy is plagued with hidden harms to people’s privacy, equality, finances, reputation, mental wellbeing, and even to democracy, produced by data breaches and data-fed business models. This book explores why this happens and proposes what to do about it. Legislators, policymakers, and judges are trapped into ineffective approaches to tackle digital harms because they work with tools unfit to deal with the unique challenges of data ecosystems that leverage AI. People are powerless towards inferences about them that they can’t anticipate, interfaces that manipulate them, and digital harms they can’t escape. Adopting a cross-jurisdictional scope, this book describes how laws and regulators can and should respond to these pervasive and expanding harms. In a world where data is everywhere, one of society’s most pressing challenges is addressing power discrepancies between the companies that profit from personal data and the people whose data produces profit. Doing so requires creating accountability for the consequences of corporate data practices—not the practices themselves. Laws can achieve this by creating a new type of liability that recognizes the social value of privacy, uncovering dynamics between individual and collective digital harms.
Tech companies bypass privacy laws daily, creating harm for profit. The information economy is plagued with hidden harms to people’s privacy, equality, finances, reputation, mental wellbeing, and even to democracy, produced by data breaches and data-fed business models. This book explores why this happens and proposes what to do about it. Legislators, policymakers, and judges are trapped into ineffective approaches to tackle digital harms because they work with tools unfit to deal with the unique challenges of data ecosystems that leverage AI. People are powerless towards inferences about them that they can’t anticipate, interfaces that manipulate them, and digital harms they can’t escape. Adopting a cross-jurisdictional scope, this book describes how laws and regulators can and should respond to these pervasive and expanding harms. In a world where data is everywhere, one of society’s most pressing challenges is addressing power discrepancies between the companies that profit from personal data and the people whose data produces profit. Doing so requires creating accountability for the consequences of corporate data practices—not the practices themselves. Laws can achieve this by creating a new type of liability that recognizes the social value of privacy, uncovering dynamics between individual and collective digital harms.
Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.