De-Fragmenting Transnational Business Responsibility: Principles and Process

In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, Forthcoming).

University of Oslo Faculty of Law Research Paper No. 2019-09

Posted: 8 May 2019

See all articles by Karen Morrow

Karen Morrow

Swansea University

Holly Cullen

Reader in Law, University of Durham

Date Written: May 6, 2019

Abstract

This chapter analyses access to remedies and the efficacy of enforcement mechanisms for corporate sustainability norms at domestic and international levels. It argues that meaningful discussion of remedies and their enforcement must centre on affected communities rather than corporations. Achieving full compliance with sustainability norms already poses enormous challenges, and jurisdictional fragmentation is recognised as a particularly formidable obstacle in the context of developing effective, enforceable remedies. In analysing the barriers faced, a taxonomy using two dimensions – hard law versus soft law, and victim-driven versus external-actor-driven – is presented. Principles for community-centred remedies and enforcement are proposed. They include legal empowerment of affected communities and procedures grounded in international standards. Innovatively, these procedures and remedies are envisioned as forward-looking as well as remedial, and flexible but underpinned by strong incentives for business participation. Effective community-centred remedies are also envisaged as holistic and collaborative, rather than splitting victims into atomised groups.

Keywords: remedies, enforcement, legal empowerment, soft law, NGOs

Suggested Citation

Morrow, Karen and Cullen, Holly, De-Fragmenting Transnational Business Responsibility: Principles and Process (May 6, 2019). In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge University Press, Forthcoming).; University of Oslo Faculty of Law Research Paper No. 2019-09. Available at SSRN: https://ssrn.com/abstract=3383395

Karen Morrow (Contact Author)

Swansea University ( email )

Singleton Park
Swansea, Wales SA2 8PP
United Kingdom

Holly Cullen

Reader in Law, University of Durham ( email )

Old Elvet
Mill Hill Lane
Durham, Durham DH1 3HP
United Kingdom

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