Revista Española de Empresas y Derechos Humanos

From international ‘soft’ law to national law: the UNGPs in domestic mandatory human rights due diligence legislation

Elena Assenza. Bocconi University, Italy

Abstract: The UNGPs are today considered the authoritative international ‘soft’ standard on business and human rights. While the UNGPs generally fall within the category of international ‘soft’ instruments, the last decade has witnessed a wave of national legal developments which seek to convert principles enshrined in the UNGPs into binding obligations for relevant companies under domestic law. The article explores three selected national laws which attempt to ‘harden’ the corporate responsibility to respect human rights, enshrined in Pillar II of the UNGPs, through the imposition of a legal requirement for relevant companies to exercise human rights due diligence.

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