Reforming the Corporations Act 2001 to be aligned with the United Nations Guiding Principles on Business and Human Rights

RMIT Researchers

  • Esmira Hackenberg (PhD candidate (Law))
  • Associate Professor Dr Shelley Marshall
  • Senior Lecturer Dr Jonathan Kolieb.

Project Description

This project considers how Australian corporations law could be reformed to encourage stronger adherence with human rights by Australian business. It considers ways the Corporations Act could be aligned with the UNGPs in three key areas – stakeholder engagement, directors’ duties and access to remedy. The modus operandi is comparative law, seeking best practices from other jurisdictions such as the UK, USA, and the EU. This study utilises socio-legal methods. It seeks ways to improve Australian corporate law to embrace mandatory human rights due diligence.

Theme

Gender

Key Words

Corporate law, the UNGPs, Business and Human Rights, Human Rights Due Diligence, Mandatory Human Rights Due Diligence

Funding Sources

Australian postgraduate award to support PhD research

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Acknowledgement of Country

RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business - Artwork 'Sentient' by Hollie Johnson, Gunaikurnai and Monero Ngarigo.

aboriginal flag
torres strait flag

Acknowledgement of Country

RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business.