Hard and Soft Law Preferences in Business and Human Rights

AJIL Unbound (June 2020)

6 Pages Posted: 13 Aug 2020 Last revised: 23 Sep 2020

See all articles by Kish Parella

Kish Parella

Washington and Lee University - School of Law

Date Written: June 1, 2020

Abstract

States and non-state actors, such as business organizations and NGOs, have varying preferences among regulatory options in business and human rights. Some actors prefer soft law governance while others advocate for legally binding solutions at the national and international levels. In this essay, I explore some of the factors that may explain why state and non-state actors hold these diverse preferences. I conclude that while some of these preferences may be attributable to the unique advantages of soft law or hard law, other preferences likely depend on the effects produced by the interaction of both types of law within the broader regulatory landscape.

Suggested Citation

Parella, Kish, Hard and Soft Law Preferences in Business and Human Rights (June 1, 2020). AJIL Unbound (June 2020), Available at SSRN: https://ssrn.com/abstract=3650300

Kish Parella (Contact Author)

Washington and Lee University - School of Law ( email )

Lexington, VA 24450
United States

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