The Limitations of Voluntarism in Human Rights Due Diligence Frameworks

Corporate regulation occurs in the context of voluntary business and human rights frameworks, mainly derived from the United Nations Guiding Principles on Business and Human Rights (UNGPs), endorsed by states and companies including South Africa and, ironically, Shell itself. The UNGPs are a compromise between greater procedural commitments to control human rights in business operations, with the possibility of reinforcement by national legal obligations and full international legal liability for human rights violations. This provides for both opportunities and challenges for compliance from corporates.