Introduction: the Current State and Future Trajectories of Human Rights Due Diligence Laws

TY - UNPB

T1 - Introduction

T2 - the Current State and Future Trajectories of Human Rights Due Diligence Laws

AU - Cata Backer, Larry

AU - Methven O'Brien, Claire

PY - 2024/9/18

Y1 - 2024/9/18

N2 - The object in this initial chapter, was to undertake a deeper conceptual study of the phenomenon of legalization of due diligence. To that end, the issues and future course of the development of due diligence was framed as a concept, as a process and as a tool of policy and implementation of this project. That analysis, in turn, was grounded first on the examination of the underlying normative premises of the concept of due diligence. It ten applied that framework to consider the normative implications of the technologies of due diligence in its applications in private law, international norm making, and mandatory state measures employing due diligence concepts. In the process due diligence was situated within the broader conversations about the governmentalization of private actors, the projection of state power as participants in private markets, the relationship between due diligence, state regulatory authority, and compliance oriented systems, and lastly the development of specific instances of state, international and private measures to apply these concepts on the ground. The contributions in the volume are then synthesized and from then a set of core insights are derived.

AB - The object in this initial chapter, was to undertake a deeper conceptual study of the phenomenon of legalization of due diligence. To that end, the issues and future course of the development of due diligence was framed as a concept, as a process and as a tool of policy and implementation of this project. That analysis, in turn, was grounded first on the examination of the underlying normative premises of the concept of due diligence. It ten applied that framework to consider the normative implications of the technologies of due diligence in its applications in private law, international norm making, and mandatory state measures employing due diligence concepts. In the process due diligence was situated within the broader conversations about the governmentalization of private actors, the projection of state power as participants in private markets, the relationship between due diligence, state regulatory authority, and compliance oriented systems, and lastly the development of specific instances of state, international and private measures to apply these concepts on the ground. The contributions in the volume are then synthesized and from then a set of core insights are derived.

U2 - 10.2139/ssrn.4929209

DO - 10.2139/ssrn.4929209

M3 - Preprint

BT - Introduction

PB - Social Science Research Network

ER -