From Voluntary to Obligatory

Abstract

This chapter examines what corporations say they are doing to address human rights risks presented by particular business practices in particular contexts. It offers an overview of the different strategies being used by transnational business enterprises to respond to concerns expressed by investors, consumers, and affected communities. Among the self-regulation strategies used by businesses examined are participation in multistakeholder initiatives designed to address human rights issues, human rights impact assessments, audits and certifications, supply chain contract provisions, and corporate responses to ratings and reports by concerned stakeholder constituencies. The chapter presents the findings of a discourse analysis of codes created by competing corporations in selected industry sectors assessing over time the extent to which codes incorporate reference to human rights standards and refer to emerging self-regulation strategies. Corporate responses to allegations of complicity in abuse are analyzed. The chapter argues that the discursive frame asserted by corporate responsibility incorporating rights increasingly treats voluntary norms as obligatory to maintaining a “social license” to operate.