International Law, Corporate Law, and Governance Gaps

Abstract

This chapter explains how domestic US corporate law ignores human rights considerations and contributes to governance gaps. It offers an overview of the conceptual foundations of the corporate form that serve to place rights at risk. It argues that voluntary corporate social responsibility initiatives, leadership on the part of management, and more inclusive configurations of corporate governance can contribute to creating better business practices consistent with respect for human rights. This chapter also explains how international human rights law is inadequate to address human rights abuses where corporate actors are implicated. It offers an overview of the conceptual foundations of international law that render global business enterprises difficult to regulate and hold to account for alleged abuses. It argues that a wide array of actors beyond states must be recognized as possessing the potential to participate in the creation of policies to regulate business practices with respect to human rights.