{"title":"Corporate Power, Conflict and Transitional Justice: Addressing Business Human Rights Abuses in the Digital Era","authors":"Sebastián Smart","doi":"10.1017/bhj.2025.10027","DOIUrl":null,"url":null,"abstract":"Abstract This article examines how concentrated corporate power in the technology sector reshapes repression and human rights harm, arguing that an integrated Business and Human Rights (BHR) and Transitional Justice (TJ) approach is needed. It identifies three persistent gaps in BHR practice—regulatory fragmentation, limited access to remedy and Global North dominance—and demonstrates how TJ principles, particularly victim-centred participation, Global South leadership and transformative reparations, can address these challenges. Drawing on Latin American experiences with truth-seeking, reparations and corporate accountability, the article develops a hybrid BHR–TJ framework designed to confront power asymmetries, strengthen remedies and embed guarantees of non-repetition in global governance. The argument positions this integration as a forward-looking response to the structural harms of the digital economy, offering tools to move beyond proceduralism towards systemic corporate accountability. By combining BHR’s regulatory tools with TJ’s participatory and transformative approaches, the article contributes a novel accountability model for the digital era.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"10 2-3","pages":"318-334"},"PeriodicalIF":2.3000,"publicationDate":"2025-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.cambridge.org/core/services/aop-cambridge-core/content/view/8126B333763FED49665E62F6C419B3D3/S2057019825100278a.pdf/div-class-title-corporate-power-conflict-and-transitional-justice-addressing-business-human-rights-abuses-in-the-digital-era-div.pdf","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Business and Human Rights Journal","FirstCategoryId":"0","ListUrlMain":"https://doi.org/10.1017/bhj.2025.10027","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article examines how concentrated corporate power in the technology sector reshapes repression and human rights harm, arguing that an integrated Business and Human Rights (BHR) and Transitional Justice (TJ) approach is needed. It identifies three persistent gaps in BHR practice—regulatory fragmentation, limited access to remedy and Global North dominance—and demonstrates how TJ principles, particularly victim-centred participation, Global South leadership and transformative reparations, can address these challenges. Drawing on Latin American experiences with truth-seeking, reparations and corporate accountability, the article develops a hybrid BHR–TJ framework designed to confront power asymmetries, strengthen remedies and embed guarantees of non-repetition in global governance. The argument positions this integration as a forward-looking response to the structural harms of the digital economy, offering tools to move beyond proceduralism towards systemic corporate accountability. By combining BHR’s regulatory tools with TJ’s participatory and transformative approaches, the article contributes a novel accountability model for the digital era.
期刊介绍:
The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.