Conceptualising the Corporate Human Rights and Environmental Responsibilities

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Conceptualising the Corporate Human Rights and Environmental Responsibilities

A Bottom-Up Analysis through OECD Case Law

Human rights, civil rights

Author: Otgontuya Davaanyam

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Collection: Interdisciplinary Studies in Human Rights

Language: English

Published by: Springer

Published on: 6th May 2026

Format: LCP-protected ePub

ISBN: 9783032214300


Overview

This book offers the first comprehensive, empirically grounded analysis of how corporate human rights and environmental responsibilities are conceptualised, interpreted, and operationalised through OECD National Contact Point (NCP) case law.

Case Law Analysis

Moving beyond doctrinal debates, it examines 394 specific instances handled between 2000 and 2024 to demonstrate how NCP statements function as an evolving body of quasi-juridical authority that progressively shapes the meaning, scope, and content of the corporate responsibility to respect under the UN Guiding Principles on Business and Human Rights (UNGPs) and the OECD Guidelines for Multinational Enterprises.

Methodology

Combining traditional legal analysis with systematic content analysis using MAXQDA, the book traces how norms are articulated across all dimensions of human rights due diligence: policy commitments, risk identification, prevention and mitigation, tracking, communication, remediation, and stakeholder engagement.

Key Findings

Each thematic chapter distils key findings from the case law, highlighting both best practices and persistent shortcomings, and showing how companies navigate complex questions of causation, leverage, and corporate involvement in harm-whether through their subsidiaries, supply chains, investment relationships, or broader business structures.

Contextual Clarifications

The book further clarifies corporate responsibilities in context: gender-based impacts, workers' rights, Indigenous Peoples' rights, minority protection, environmental harm, climate impacts, conflict-affected areas, and alignment with the Sustainable Development Goals.

Actors and Accountability

A dedicated analysis of different corporate actors-parent companies, investors, financial institutions, non-profit organisations, and state-owned enterprises-reveals distinct patterns of accountability and influence within transnational economic activity.

State Role and Regulation

Finally, the book turns to the state duty to protect, offering a critical examination of how home states regulate extraterritorial corporate conduct, the forms of complicity that emerge, and the regulatory measures reflected across NCP practice.

Conclusion

The conclusion argues that, taken cumulatively, NCP statements amount to a significant and under-recognised source of normative authority: a soft-law mechanism whose interpretive influence is shaping the future direction of corporate human rights and environmental responsibility.

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