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61 results

Page 1 of 4

  • Corporate Law’s Threat to Human Rights: Why Human Rights Due Diligence Might Not Be Enough

  • Barnali Choudhury
  • Journal:
    Business and Human Rights Journal / Volume 8 / Issue 2 / June 2023
    Published online by Cambridge University Press:
    14 August 2023, pp. 180-196
    • Article
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  • The take-up of mandatory human rights due diligence (HRDD) initiatives by states is continuously gaining momentum. There are now numerous states adopting some form of HRDD laws. While corporations being duly diligent in respecting human rights is a positive step towards addressing problems of business and human rights, these HRDD initiatives on their own may only be a form of window-dressing, that is, enabling states to put a smart spin on their efforts to address business and human rights issues without addressing some of the root causes of that predicament. As a result, HRDD laws are likely to be a helpful, but insufficient tool for addressing corporate abuse of human rights. One reason for this is because the root cause of many business and human rights problems is the structural elements and goals of corporate law facilitates corporate violations of human rights. So long as states fail to transform the way in which corporations operate – in part, by reconceptualizing corporate law – even the best drafted HRDD laws will be inadequate to halt corporate harms.

Corporate Duties to the Public
  • Barnali Choudhury, Martin Petrin
  • Published online:
    21 December 2018
    Print publication:
    10 January 2019
  • In a world where the grocery store may be more powerful than the government and corporations are the governors rather than the governed, the notion of corporations being only private actors is slowly evaporating. Gone is the view that corporations can focus exclusively on maximizing shareholder wealth. Instead, the idea that corporations owe duties to the public is capturing the attention of not only citizens and legislators, but corporations themselves. This book explores the deepening connections between corporations and the public. It explores timely - and often controversial - public issues with which corporations must grapple including the corporate purpose, civil and criminal liability, taxation, human rights, the environment and corruption. Offering readers an encompassing, balanced, and systematic understanding of the most pertinent duties corporations should bear, how they work, whether they are justified, and how they should be designed in the future, this book clarifies corporations' roles vis-à-vis the public.

  • BALANCING SOFT AND HARD LAW FOR BUSINESS AND HUMAN RIGHTS

  • Barnali Choudhury
  • Journal:
    International & Comparative Law Quarterly / Volume 67 / Issue 4 / October 2018
    Published online by Cambridge University Press:
    09 July 2018, pp. 961-986
    Print publication:
    October 2018

  • In the wake of increasing corporate disasters, there has been an urgent need to address the impact of business on human rights. Yet business responsibilities for human rights are mainly voluntary and best understood as ‘soft law’. Recently, however, States have begun negotiations for an internationally binding treaty in this area, suggesting that there is 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.

Understanding the Company
  • Corporate Governance and Theory
  • Edited by Barnali Choudhury, Martin Petrin
  • Published online:
    27 July 2017
    Print publication:
    20 July 2017
  • What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.

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