IDEAS home Printed from https://ideas.repec.org/a/gam/jsusta/v13y2021i22p12709-d681183.html
   My bibliography  Save this article

Business, Human Rights and the Environment—Using Macro Legal Analysis to Develop a Legal Framework That Coherently Addresses the Root Causes of Corporate Human Rights Violations and Environmental Degradation

Author

Listed:
  • Stephen J. Turner

    (School of Law, Faculty of Humanities, University of Essex, Colchester CO4 3SQ, UK)

Abstract

This article applies ‘macro’ legal analysis to the challenge of legal reform related to corporate responsibility for human rights violations and degradation of the environment. It recognises that the approaches from different communities of lawyers to the negative impacts on human rights and the environment caused by companies, sometimes operate in isolation from each other, are not always mutually supportive, can lead to a fragmentation of effort, and may not address the root causes of the problem. In particular, this article analyses the extent to which existing approaches tend to address symptoms of the issues, rather than the root causes themselves. It makes the case that in this regard specific root causes exist within the frameworks of corporate law in all jurisdictions and various aspects of international economic law too. To carry out the study, it employs macro legal analysis, a methodology not previously applied in this field, as a means of developing an understanding of the legal frameworks that, it argues, influence corporate decision making that can affect human rights and the environment. It undertakes an analysis that incorporates relevant corporate law, World Trade Organisation (WTO) law, international investment law, the law relating to multilateral development banks (MDBs), and international insurance law. By using this form of anlaysis it is possible to show how legal frameworks can operate in unison, reinforcing each other providing a cumulative effect that can influence corporate decision makers. Finally, based on the results of the analysis, it suggests a possible strategy of macro-level reforms that could be applied to the re-design of relevant legal frameworks to better facilitate the full protection of human rights and to achieve net zero degradation of the environment. As a result it seeks to demonstrate how this approach can be strategically applied by both human rights and environmental lawyers as a common pathway towards effective legal reform.

Suggested Citation

  • Stephen J. Turner, 2021. "Business, Human Rights and the Environment—Using Macro Legal Analysis to Develop a Legal Framework That Coherently Addresses the Root Causes of Corporate Human Rights Violations and Environmental Degr," Sustainability, MDPI, vol. 13(22), pages 1-31, November.
    • Handle: RePEc:gam:jsusta:v:13:y:2021:i:22:p:12709-:d:681183
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2071-1050/13/22/12709/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2071-1050/13/22/12709/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Kathryn Gordon & Joachim Pohl, 2011. "Environmental Concerns in International Investment Agreements: A Survey," OECD Working Papers on International Investment 2011/1, OECD Publishing.
    2. Jan Wouters & Alberto Ninio & Teresa Doherty & Hassane Cissé, 2015. "The World Bank Legal Review, Volume 6. Improving Delivery in Development : The Role of Voice, Social Contract, and Accountability," World Bank Publications - Books, The World Bank Group, number 21553, December.
    3. Ihsan Ugur Delikanli & Todor Dimitrov & Roena Agolli, 2018. "Multilateral Development Banks," Springer Books, Springer, number 978-3-319-91524-1, September.
    4. RUGGIE, John Gerard & REES, Caroline & DAVIS, Rachel, 2021. "Ten Years After: From UN Guiding Principles to Multi-Fiduciary Obligations," Business and Human Rights Journal, Cambridge University Press, vol. 6(2), pages 179-197, June.
    5. Christopher Kopper, 2011. "New perspectives on the 1931 banking crisis in Germany and Central Europe," Business History, Taylor & Francis Journals, vol. 53(2), pages 216-229.
    6. Ruggie, John Gerard, 2004. "Reconstituting the Global Public Domain: Issues, Actors and Practices," Working Paper Series rwp04-031, Harvard University, John F. Kennedy School of Government.
    7. MARTIN-ORTEGA, Olga, 2018. "Public Procurement as a Tool for the Protection and Promotion of Human Rights: a Study of Collaboration, Due Diligence and Leverage in the Electronics Industry," Business and Human Rights Journal, Cambridge University Press, vol. 3(1), pages 75-95, January.
    8. Herdegen, Matthias, 2016. "Principles of International Economic Law," OUP Catalogue, Oxford University Press, edition 2, number 9780198790570.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Diana Carolina Bernal Pérez, 2018. "El derecho internacional de inversión extranjera y la industria extractiva. estándares internacionales en el sector extractivo," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1057, October.
    2. M. Tina Dacin & Jeffrey S. Harrison & David Hess & Sheila Killian & Julia Roloff, 2022. "Business Versus Ethics? Thoughts on the Future of Business Ethics," Journal of Business Ethics, Springer, vol. 180(3), pages 863-877, October.
    3. Daniel Castaño, 2018. "El Derecho Administrativo como idea y sus transformaciones contemporáneas," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1051, October.
    4. Eero Palmujoki, 2009. "Global principles for sustainable biofuel production and trade," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 9(2), pages 135-151, May.
    5. Eduardo Ortas & Igor Álvarez & Ainhoa Garayar, 2015. "The Environmental, Social, Governance, and Financial Performance Effects on Companies that Adopt the United Nations Global Compact," Sustainability, MDPI, vol. 7(2), pages 1-25, February.
    6. Ecker-Ehrhardt, Matthias, 2013. "Why do they want the UN to decide? A two-step model of public support for UN authority," TranState Working Papers 171, University of Bremen, Collaborative Research Center 597: Transformations of the State.
    7. Andreas Follesdal, 2011. "The distributive justice of a global basic structure: A category mistake?," Politics, Philosophy & Economics, , vol. 10(1), pages 46-65, February.
    8. Philipp Pattberg & Johannes Stripple, 2008. "Beyond the public and private divide: remapping transnational climate governance in the 21st century," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 8(4), pages 367-388, December.
    9. Nina Seppala, 2009. "Business and the International Human Rights Regime: A Comparison of UN Initiatives," Journal of Business Ethics, Springer, vol. 87(2), pages 401-417, August.
    10. Mikkel Kruuse & Kasper Reming Tangbæk & Kristjan Jespersen & Caleb Gallemore, 2019. "Navigating Input and Output Legitimacy in Multi-Stakeholder Initiatives: Institutional Stewards at Work," Sustainability, MDPI, vol. 11(23), pages 1-27, November.
    11. Zechariah Langnel & Ponlapat Buracom, 2020. "Governance, health expenditure and infant mortality in sub‐Saharan Africa," African Development Review, African Development Bank, vol. 32(4), pages 673-685, December.
    12. Kenneth Abbott & Duncan Snidal, 2010. "International regulation without international government: Improving IO performance through orchestration," The Review of International Organizations, Springer, vol. 5(3), pages 315-344, September.
    13. Benedict C. Doepfer & André Habisch & Harald Pechlaner & Xenia-Isabel Poppe & Christoph Schwarz, 2016. "Entrepreneurship, shared values and the region - assessing the conditions for regional social performance of entrepreneurial behaviour," International Journal of Innovation and Regional Development, Inderscience Enterprises Ltd, vol. 7(1), pages 36-56.
    14. van der Ven, Hamish & Sun, Yixian & Cashore, Benjamin, 2021. "Sustainable commodity governance and the global south," Ecological Economics, Elsevier, vol. 186(C).
    15. Büthe Tim, 2010. "Private Regulation in the Global Economy: A (P)Review," Business and Politics, De Gruyter, vol. 12(3), pages 1-40, October.
    16. Harriet Bulkeley & Andy Jordan, 2012. "Guest Editorial," Environment and Planning C, , vol. 30(4), pages 556-570, August.
    17. Rajat M. Nag, 2012. "Transforming Asia: Realizing the Asian Century through Good Governance," IIM Kozhikode Society & Management Review, , vol. 1(1), pages 1-9, January.
    18. Laura Treviño-Lozano, 2022. "Framing Social Sustainability in Infrastructure Theory and Practice: A Review of Two Road Projects in Mexico from a Business and Human Rights Lens," Sustainability, MDPI, vol. 14(4), pages 1-16, February.
    19. João Paulo Cândia Veiga & Fausto Makishi & Murilo Alves Zacareli & Thiago Augusto Hiromitsu Terada, 2016. "Corporate Leadership, Multilevel Enforcement and Biodiversity Regulation," Journal of Business, LAR Center Press, vol. 1(3), pages 43-53, July.
    20. Rod Falvey & Neil Foster-McGregor, 2017. "Heterogeneous effects of bilateral investment treaties," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 153(4), pages 631-656, November.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jsusta:v:13:y:2021:i:22:p:12709-:d:681183. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.