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: 19 Jul 2017

Steven S. Nam

Center for East Asian Studies, Stanford University

Date Written: 2017

Abstract

This chapter sheds light on the legal developments that came to sideline U.S. courts with respect to achieving remedies for foreign 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 (2017). The Routledge History of Human Rights (2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2955543

Steven S. Nam (Contact Author)

Center for East Asian Studies, Stanford University ( email )

Stanford, CA 94305
United States

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