Just business redux Transnational corporate responsibility decoded through relational justice

Open Access
Authors
Supervisors
Cosupervisors
Award date 12-06-2024
Number of pages 369
Organisations
  • Faculty of Law (FdR)
Abstract
Private law theory is hesitant to delve into questions of business and human rights; except for the theory of relational justice by Hanoch Dagan and Avihay Dorfman. Their theory articulates private law as the law of just interpersonal conduct—and subsequently articulates corporate responsibility for upholding human rights in such interpersonal relationships.
This PhD thesis extends this theory to articulate supply chain responsibility for human rights harms. It introduces the concept of cascading responsibility stating that large transnational corporations do not have an arbitrary limit to their responsibilities depending on tiers of a supply chain where human rights harms occur. Such corporations have responsibilities travelling through the entirety of their supply chain.
Further, the thesis states that transnational corporations have a responsibility to prevent and mitigate such human rights harms. They must undertake human rights due diligence in their business decisions and relationships by taking seriously the concerns of the far away workers or people who may be affected downstream.
It is then shown that the UN Guiding Principles on Business and Human Rights mirrors this private law theory understanding through its articulation responsibility for directly linked impacts. Further, it is demonstrated that case law like Nevsun v Araya and Begum v Maran reflect such an understanding of cascading corporate responsibility. Lastly, it is also shown that legislation like the French devoir de vigilance law and the German supply chain due diligence law reflect the normative understanding of the thesis.
Document type PhD thesis
Language English
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Thesis (complete) (Embargo up to 2026-06-12)
1: Relational justice: The horizontality of corporate human rights responsibility (Embargo up to 2026-06-12)
2: The gap in relational justice: The twin chasms of supply chain and ex-ante responsibility (Embargo up to 2026-06-12)
3: Just corporate conduct: Supply chain responsibility in substance and procedure (Embargo up to 2026-06-12)
4: Just corporate conduct in the UN guiding principles: Cascading responsibility and human rights due diligence (Embargo up to 2026-06-12)
5: Substantively just corporate conduct in practice: Corporate responsibility before national courts (Embargo up to 2026-06-12)
6: Procedurally just corporate conduct in practice: Human rights due diligence legislation (Embargo up to 2026-06-12)
Thesis conclusion (Embargo up to 2026-06-12)
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