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Business and Human Rights Law and Policy
Published by Center for Law and Responsible Business Studies
ISSN : -     EISSN : 31104762     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Business and Human Rights Law & Policy Journal is a multidisciplinary journal which focuses on responsible business conduct, human rights, sustainability both in legal and policy perspectives, and encouraging the global south point of views.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Advancing Public Interests Priorities Within Investee Companies Through Institutional Shareholder Engagement Angelia, Alissa
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

Shareholders, as providers of risk capital, are entitled to participate in corporate decision-making. However, the existence of the investment chain often limits the influence of individual investors. In contrast, institutional investors, acting as fiduciaries and long-term market participants, are uniquely positioned to shape managerial behaviour, counterbalance executive power, and promote sustainable, stakeholder-oriented corporate practices. Owing to these capacities, institutional shareholders play a significant role in advancing public interest priorities through their investment activities. This article examines how institutional shareholders can engage effectively with investee companies to promote public interests, employing a doctrinal research methodology. It finds that institutional shareholder engagement enhances companies’ financial and non-financial performance, ultimately generating positive public interest outcomes. Engagement may occur through soft forms of interaction or more formal mechanisms, each enabling meaningful stewardship. Consequently, institutional shareholders possess both the capacity and the opportunity to influence corporate conduct and advance public interest priorities through active and responsible engagement
Balancing Business and Human Rights in ASEAN: A Comparative Study of National Action Plans in Thailand, Indonesia, and Vietnam Indriana, Dewi; Bernika Ifada Kamila Putri
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

As ASEAN economies accelerate industrialization, ensuring corporate accountability for human rights becomes increasingly urgent. This study provides a comparative analysis of National Action Plans (NAPs) on Business and Human Rights (BHR) in Thailand, Indonesia, and Vietnam, which are currently the only ASEAN member states to have adopted such frameworks. Drawing on the United Nations Guiding Principles’ “Protect, Respect, Remedy” (PRR) framework, the paper examines how each country’s NAP addresses long-standing implementation gaps identified in the 2013–2014 ASEAN baseline studies. Through document analysis and cross-country comparison, the study identifies areas of convergence, including regulatory reform, stakeholder participation, and institutional anchoring, as well as key divergences in legal architecture, enforcement capacity, and integration with trade and development strategies. While all three NAPs represent normative progress, ongoing challenges related to remedy access, due diligence implementation, and stakeholder engagement highlight the need for greater regulatory coherence. The findings offer actionable insights for ASEAN governments and regional institutions aiming to institutionalize a rights-based approach to business conduct in the context of deepening economic integration.
Interpreting the Right to Strike through ILO’s Advisory Opinion Initiative Adhijoso, Putri Ayu Musthikaweni
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

This paper explores the emerging recognition of the right to strike within international law and its interpretation under the International Labour Organization (ILO) framework. The research focuses on whether the right to strike, as linked to freedom of association in ILO Convention No. 87, has developed into customary international law. Using a normative juridical method as its principal approach and supported by statutory and comparative approaches, the study analyses relevant legal instruments such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the ILO Constitution. It also examines the ongoing debate among ILO constituents and the possibility of seeking an advisory opinion from the International Court of Justice (ICJ) to clarify this issue. Through a comparative analysis of the Netherlands, France, Germany, and Indonesia, the paper finds that while most legal systems acknowledge the right to strike as part of freedom of association, its implementation differs depending on each country’s constitutional design and industrial relations culture. The findings suggest that the right to strike has indeed attained the status of customary international law through widespread state practice and opinio juris, although its practical enforcement continues to depend on domestic legal and procedural frameworks.
Can Bilateral Investment Treaties Boost Foreign Direct Investment? An Analysis of State Competition for Capital Hassas, Mawloda; Mohammadi, Rezwana; Amany, Marefat
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

This study seeks to answer whether Bilateral Investment Treaties (BITs) genuinely help boost Foreign Direct Investment (FDI) inflows amid growing international competition for capital. While BITs are widely used to mitigate political and regulatory risks and offer investor-state dispute mechanisms, their actual impact on attracting FDI remains contested. This paper evaluates which BITs enhance FDI and under what specific circumstances they are effective. Employing a qualitative research method and doctrinal legal analysis, as well as comparison of Vietnam and Afghanistan. The paper draws on Rational Choice Institutionalism and International Political Economy to explain state and investor behaviour. The results indicate that although BITs may increase investor confidence by signalling protection, they are insufficient on their own for attracting FDI. Their effectiveness depends largely on domestic institutional quality, political stability, and supportive economic policies. The study recommends integrating BITs into a broader investment policy rather than relying on them in isolation.
Tackling Bribery in Indonesian Private Sector Rachman, Taufik; Hidayat, Ilham; Wibisono, Didan; Muhammad, Farhan
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

Corruption poses a formidable barrier to global socioeconomic progress and is a critical impediment to development which undermines the rule of law and hampers institutional frameworks crucial for economic growth. Its pervasive influence extends across various sectors, encompassing utilities, healthcare, education, and even national security domains. In Indonesia, corruption remains entrenched despite efforts such as the establishment of the Corruption Eradication Commission (KPK) in 2002. While primarily targeting public sector corruption, Indonesian law must also address instances in the private sector, which constitutes a significant portion of corrupt activities. This paper is motivated by not only Indonesia’s international commitment to the UNCAC, but also the evidently adverse impacts on private sector bribery to the Indonesian economy. Not to mention, the shortcomings of Indonesia’s current framework to address this type of bribery. In doing so, it is of the view that lessons can be learned from other jurisdictions, namely: Singapore, Hong Kong and the Netherlands. This paper suggests expanding legal provisions to encompass private sector bribery, solicitation, and indirect bribery, this is tailored to Indonesia’s socio-cultural context.
Examining the Cause for Companies to Embrace Sustainability Practices Rahmani, Parwana; Fatima Samimi; Yusra Ansari
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

Sustainability is a vital issue that significantly impacts human survival, particularly because it is fundamentally related to resource utilization, lifestyle choices, and human beings’ obligations concerning future generations. While, when it comes to the corporate sustainability, it refers to some practices which business operations consider such as social responsibility, environmental preservation, and adherence to ethical management standards. Contemporary literature defines sustainability as complete when a company's engagement in sustainable development is not only beneficial to society but also economically and financially viable for the company, thereby ensuring its long-term viability. Focusing on sustainability can directly enhance company profitability through improving reputation and brand equity. Additionally, it attracts customer trust and willingness to pay, while increasing employee productivity and retention. These factors can ultimately foster innovation and drive new developments within the organization. This article examines whether companies that embrace sustainable business practices, particularly those that focus on protection of human rights and minimize environmental harm, are more likely to achieve profitability? By analysing global trends and real-world examples, this paper demonstrates how sustainability enhances brand credibility, reduces operational and legal risks, increases consumer trust, and attracts greater investor attention. The study offers a comprehensive explanation of the economic rationale underlying sustainable behaviour and its transformative impact on corporate performance.
Front Matter Volume 2 No. 1, February 2026 BHRLAWPLY
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

Page 3 of 3 | Total Record : 27

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