Business and human rights in transitional justice: challenges for complex environments

Abstract

In this Chapter, I review the expectations set out in the UN Guiding Principles on Business and Human Rights and authoritative guidance before discussing scholarship that suggests human rights due diligence is simply not enough in certain complex environments. I then scrutinize some of the most pertinent findings in transitional justice ('TJ'). In analysing the lessons from TJ, I argue that the overarching context of a complex environment may make it impossible for a business to comply with its responsibility to respect. In such circumstances, the only means to realise the responsibility is to leave the context fully. This presents a challenge for business and human rights ('BHR') as generally only foreign companies would have the luxury of leaving a context. This might call for the re-consideration of another assumption within BHR: that the UNGP apply equally to all businesses at all times.