Abstract

Many of the unwanted outcomes for the environment and human rights are linked to or directly attributable to business practices. Because international law concerning human rights and environmental issues does not directly apply to non-state actors such as companies, it is important to analyse those legal and non-legal frameworks that determine how companies operate and the extent to which they influence the impact that businesses have on human rights and the environment. Therefore this chapter considers the tension between the sometimes competing sets of legal and regulatory frameworks that relate to the promotion of commercial success on the one hand and the sound management of environmental, social and governance (ESG) issues on the other. It surveys the ways that these drivers affect the operations and strategies of businesses in practice and comments on what this may mean for the international community as it goes forward.