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Governance Gaps and the Legal Evolution of the Field of Business & Human Rights

The Routledge History of Human Rights (2018, Forthcoming)

29 Pages Posted: 24 Apr 2017 Last revised: 14 Aug 2017

Steven S. Nam

Center for East Asian Studies, Stanford University

Abstract

This chapter sheds light on the legal developments that came to sideline U.S. courts with respect to achieving remedies for foreign-cubed business & human rights matters. It examines the reality of ever more robust cross-border protections for corporate property and shareholders’ rights versus the retention of a soft and ultimately voluntary approach to corporate responsibilities. In response, there have emerged new external channels for corporate responsibility that — untethered to national systems of corporate governance — can better address the state’s embedded protectiveness over its domestic corporations.

Keywords: corporate governance, business & human rights, human rights, universal jurisdiction, international law

Suggested Citation

Nam, Steven S., Governance Gaps and the Legal Evolution of the Field of Business & Human Rights. The Routledge History of Human Rights (2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2955543

Steven Nam (Contact Author)

Center for East Asian Studies, Stanford University ( email )

Stanford, CA 94305
United States

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