How Company Law has Failed Human Rights – And What to Do about It

Forthcoming in Business and Human Rights Journal, Cambridge University Press

University of Oslo Faculty of Law Research Paper No. 2020-07

Nordic & European Company Law Working Paper No. 20-04

22 Pages Posted: 3 Feb 2020 Last revised: 21 May 2020

See all articles by Beate Sjåfjell

Beate Sjåfjell

University of Oslo - Faculty of Law

Date Written: February 3, 2020

Abstract

This article discusses three questions: What drives business to ignore human rights, or even worse, consciously undermine the achievement of human rights? Given the state of affairs of business and human rights, why is there not a quick regulatory fix to the problems that we see? In light of the failure of business and of regulation so far, what can be done?

The article posits that reform of company law is key to business respect for human rights, as an intrinsic element of the transition to sustainability. The article outlines how company law can facilitate sustainable business, and concludes with some reflections on the drivers for change that make it possible to envisage that the necessary reform of company law will be enacted.

Keywords: business; global value chains; social foundation; sustainability; planetary boundaries; due diligence; complexity

Suggested Citation

Sjåfjell, Beate, How Company Law has Failed Human Rights – And What to Do about It (February 3, 2020). Forthcoming in Business and Human Rights Journal, Cambridge University Press; University of Oslo Faculty of Law Research Paper No. 2020-07; Nordic & European Company Law Working Paper No. 20-04. Available at SSRN: https://ssrn.com/abstract=3530956

Beate Sjåfjell (Contact Author)

University of Oslo - Faculty of Law ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

HOME PAGE: http://www.jus.uio.no/ifp/english/people/aca/beatesj/

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