CEU Electronic Theses and Dissertations, 2025
| Author | Kaushik, Dhruv |
|---|---|
| Title | The Limits of Business and Human Rights Scholarship: A TWAIL Perspective and Moving Towards an Ideological Struggle |
| Summary | In 2014, the UN Human Rights Council (UNHRC) set up a working group which was tasked with drafting and negotiating a binding international legal instrument to regulate the activities of transnational corporations. This was a breakthrough moment for scholars and advocates of Business and Human Rights (BHR), as it would mean corporations across the globe could be held liable for human rights violations. This breakthrough is a result of decades of scholarship and activism, which is why it is important to fully understand how we have arrived at this point in the history of human rights. In furtherance of this, it is also critical to point out the direction in which BHR scholarship must evolve in the future. This thesis aims to trace and review the development of BHR scholarship and then offer a critical analysis from the perspective of the Third World Approaches to International Law (TWAIL). In doing so, this thesis will breakdown the historical evolution of the BHR scholarship and explain how the mainstream accounts fail to acknowledge the colonial link to the BHR issues. In the end, this thesis will explain that the BHR scholarship has defined the contours of the discipline in a way that it seeks to solve legal problems. In this context, this thesis will use the TWAIL perspective to illustrate how BHR also extends to an ideological struggle. |
| Supervisor | Gomes, Juliana Cesario Alvim |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2025/kaushik_dhruv.pdf |
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