Directors duties and human rights impacts: a comparative approach

McCorquodale, Robert; Neely, Stuart

Abstract

This article provides a comparative perspective on the issue of directors’ liability for actions by a company which causes or contributes to human rights impacts. International, European and national regulatory developments in business and human rights are influencing company law. This article will consider directors’ duties in relation to the meaning of ‘the best interests of a company’ and how the expectations on directors from various stakeholders are changing due to legislation, court decisions and practice. Based on this, there is an analysis of the link between directors’ duties and human rights due diligence, and about access to remedy for the victims of actions arising from the acts or omissions of directors, including any decisions made by directors without proper regard for the human rights of those affected by the company’s activities. It considers what might be the personal liabilities of directors in this area and possible ways forward, including in relation to probable EU regulation on this area.

Citation

McCorquodale, R., & Neely, S. (2022). Directors duties and human rights impacts: a comparative approach. Journal of Corporate Law Studies, 22(2), https://doi.org/10.1080/14735970.2021.2016147

• Journal Article Type: Article
• Acceptance Date: Dec 5, 2021
• Online Publication Date: Feb 7, 2022
• Publication Date: Feb 7, 2022
• Deposit Date: Jan 20, 2022
• Publicly Available Date: Jan 20, 2022
• Journal: Journal of Corporate Law Studies
• Print ISSN: 1473-5970
• Electronic ISSN: 1757-8426
• Publisher: Routledge
• Peer Reviewed: Peer Reviewed
• Volume: 22
• Issue: 2
• DOI: https://doi.org/10.1080/14735970.2021.2016147
• Keywords: Directors’ duties; business and human rights; EU; comparative
• Public URL: https://nottingham-repository.worktribe.com/output/7281693
• Publisher URL: https://www.tandfonline.com/doi/full/10.1080/14735970.2021.2016147