Corporate Accountability Mechanisms

PI: Rachel Chambers

The key accountability mechanisms in the business and human rights field may be summarized as judicial and non-judicial processes, and domestic laws requiring non-financial disclosure and, increasingly, human rights due diligence. Tort litigation is one of the primary mechanisms of judicial accountability. The project explores the legal trends in tort liability for human rights violations by corporate actors in the U.S. and other home states, both as a matter of substantive and procedural law, and the role of human rights due diligence in the development of this law. Statutes mandating modern slavery disclosure continue to be enacted, despite widely expressed concern about their fitness for purpose as an accountability mechanism. The project focuses on regulatory and litigation approaches that enable human rights disclosure to be used as an accountability mechanism. A common theme that links the threads of research is the challenge of employing extraterritorial accountability mechanisms to address corporate misconduct, in particular from the perspective of the victim.