Mandatory Human Rights Due Diligence (mHRDD) Laws Caught between Rituals and Ritualism: The Forms and Limits of Business Authority in the Global Governance of Business and Human Rights
Lichuma CO (2024)
Publication Type: Journal article
Publication year: 2024
Journal
Book Volume: 9
Pages Range: 250-269
Journal Issue: 2
DOI: 10.1017/bhj.2023.47
Abstract
This article utilizes a 'rituals-ritualism' framework to assess the perils and potentials of relying upon mandatory human rights due diligence (mHRDD) laws to regulate the behaviour of transnational corporations (TNCs). This framework offers a socio-legal perspective that seeks to show how law is both influenced by and influences the social context within which it operates, i.e., the socially embedded operation of law. 1 It has been advanced as a useful rubric for assessing whether and how states comply with human rights treaties, 2 but can be extended to an assessment of mHRDD laws. Ultimately, this article hypothesizes that the potential regulatory effectiveness of mHRDD laws hinges on the extent to which HRDD obligations are transformed into rituals akin to cultural norms. In the absence of such a transformation, ritualism in HRDD will only further entrench a problematic status quo that has allowed TNCs to externalize the human rights and environmental impacts of their activities.
Involved external institutions
Kenya (KE)How to cite
APA:
Lichuma, C.O. (2024). Mandatory Human Rights Due Diligence (mHRDD) Laws Caught between Rituals and Ritualism: The Forms and Limits of Business Authority in the Global Governance of Business and Human Rights. Business and Human Rights Journal, 9(2), 250-269. https://doi.org/10.1017/bhj.2023.47
MLA:
Lichuma, Caroline Omari. "Mandatory Human Rights Due Diligence (mHRDD) Laws Caught between Rituals and Ritualism: The Forms and Limits of Business Authority in the Global Governance of Business and Human Rights." Business and Human Rights Journal 9.2 (2024): 250-269.
BibTeX: Download