Balancing Soft and Hard Law for Business and Human Rights

23 Pages Posted: 1 Aug 2018

See all articles by Barnali Choudhury

Barnali Choudhury

University College London - Faculty of Laws

Date Written: July 13, 2018

Abstract

In the wake of increasing corporate disasters, there has been an urgent need to address business impacts on human rights. Yet business responsibilities for human rights are mainly voluntary and likely best termed ‘soft law’. Recently, however, several states have begun negotiations for an international binding treaty in this area suggesting a need to turn to ‘hard law’ to increase the efficacy of business and human rights (BHR) initiatives. This article argues that because soft and hard law concepts are not dichotomous, BHR governance need not become ‘hard law’ to be effective. Rather ‘hardened’ soft law instruments can be equally effective.

Keywords: Business and Human Rights, Soft Law, Globalization, Supply Chains, International Law, Corporations

JEL Classification: K20, K22, K33, P33, P45

Suggested Citation

Choudhury, Barnali, Balancing Soft and Hard Law for Business and Human Rights (July 13, 2018). Available at SSRN: https://ssrn.com/abstract=3213215 or http://dx.doi.org/10.2139/ssrn.3213215

Barnali Choudhury (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House, Endsleigh Gardens
London, WC1E OEG
United Kingdom

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