Paths Diverge

Abstract

Abstract Informed by insights into the recursive nature of transnational norm elaboration, this chapter examines the legalisation of human rights due diligence (HRDD) at the national and regional levels. It discusses recent HRDD-related statutory initiatives in Organisation for Economic Co-operation and Development member states and categorises these laws into two distinct approaches: statutory deference and statutory elaboration. The first approach is found largely in Anglo-Saxon liberal economies, such as the United States, the United Kingdom, and Australia, and essentially consolidates, rather than challenges, managerial interpretations of HRDD and extant private labour governance. The second approach is found in continental Europe, is broader in scope (ie with respect to the rights covered), and imposes more substantive obligations on companies.