Lawyers in the Shadow of the Regulatory State: Transnational Governance on Business and Human Rights

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision of such advice, and how the lawyers who are raising these issues are framing these discussions with their clients.

Finally, Part IV suggests further areas of inquiry that may enrich our understanding of the role that lawyers can play in helping construct a transnational governance regime on business and human rights.