Analysis reveals strategic litigation enhances corporate responsibility for human rights, suggesting a path for enforceable standards.
Strategic litigation has emerged as a prominent tool in the business and human rights (BHR) field, offering a pathway to promote corporate accountability, test innovative legal arguments and push for systemic change. While often framed as private tort actions, such litigation frequently aims to shape broader norms beyond individual remedies. This article explores how strategic litigation contributes to the evolution of corporate responsibility to respect human rights by analysing two case studies: supply chain liability claims in English courts and corporate climate litigation in the Netherlands. Drawing on these examples, the article argues that, despite its limitations, strategic BHR litigation plays an important role in translating soft law standards, including the UN Guiding Principles on Business and Human Rights, into enforceable legal duties.
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Ekaterina Aristova (2025) studied this question.
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