Business and Human Rights in a Changing World Order: Beyond the Ethics of Disembedded Liberalism

Abstract

The UN Guiding Principles (UNGPs) and their concept of human rights due diligence (HRDD) cannot succeed in their current form, because they reify neoliberalism's public/private divide. This article establishes this argument across historical, theoretical, and normative dimensions, and charts a new way forward. The UNGPs' separation of the 'state duty to protect' from the 'corporate responsibility to respect' reflects a contestable conception of companies as private actors: free to act/transact in any way that is not harmful. This is a problem because harm is often invisible, even when taking an active due-diligence approach. To resolve this, HRDD practices must also be based on the positive value of equality. However, businesses are more than mere agents; they also coordinate production and enable social connections. These structural features reveal a 'missing fourth pillar' of the UNGPs: a collective political responsibility to challenge and change our current world order.