Business, Compliance and Human Rights Law The Effectiveness of Transnational Private Regulations for Vulnerable Stakeholders
In recent years, transnational private regulations (TPRs) have gained importance in the areas of business and human rights, particularly from a consumer point of view. However, some question whether TPRs are indeed suitable normative frameworks contributing to their signatory entities’ compliance with human rights standards and effective avoidance of human rights abuses. In response to this question, this book proposes an analytical concept of effective compliance. Based on the elements identified as crucial for achieving effective compliance, it conducts an in-depth analysis of how TPRs’ normative frameworks function in practice and identifies common patterns and challenges. Such inquiry is based on an interdisciplinary methodological approach between law and sociology, seeking not only to comprehend and assess how law is systematized in theoretical terms, but also to understand how it works on the ground. This allows identification of the lack of active and effective participation of vulnerable stakeholders in the discursive processes established and governed by TPRs, such as rule-making and conformity assessment processes, as the main challenge. Based on such evidence, the book addresses the possibilities of overcoming such challenges, proposing that to fully achieve TPRs’ potential from an effective compliance point of view, legal empowerment of vulnerable groups is essential. It concludes by providing key observations and suggestions that contribute to the use of TPRs as instruments in the struggle for rights of empowered vulnerable stakeholders.
The book will be of interest to academics, researchers, and policy-makers working in the areas of international law, transnational law, sociology of law, and human rights law.
1 The Transnational Legal Landscape
2 Adjusting The Lenses: Transnational Private Regulations In The Field Of Business And Human Rights
3 Effective Compliance With Transnational Private Regulations In The Field Of Business And Human Rights: The Need For An Interdisciplinary Assessment
4 Transnational Private Regulation Processes: Looking For Effective Compliance
5 Legal Empowerment In The Context Of Transnational Private Regulations In The Area Of Business And Human Rights
6 The Role Of The Struggle For Rights In The Achievement Of Effective Compliance With Transnational Private Regulations
“The book constitutes a valuable contribution to the conceptualization of compliance in business and human rights TPRs. The novelty of this book is the author’s notion of legal effectiveness for TPRs. Adopting a perspective centred on the weakest individuals and groups, often perceived as passive in this regulatory field, the study triggers a re-signification of the whole TPRs’ normative design from rule-making to monitoring processes.”
David Monciardini, Business and Human Rights Journal, pp.1-3