Meaningful Stakeholder Engagement as an Aspect of Risk-based Due Diligence between the Economy, Politics and Law: The Constitutive Role of the Business and Human Rights Regime

This chapter introduces the Business and Human Rights regime as a response to political concerns societal impacts of economic activities. It explains the objective of risk-based due diligence and elaborates on meaningful stakeholder consultation as an aspect of this due diligence approach. The evolution of the conventional state-centrist human rights regime, which evolved based on ethics, political philosophy and national law and which became codified in international law during the twentieth century, is a case in point. The chapter addresses some guidance related to due diligence and participation, based on statements of Organization for Economic Cooperation and Development (OECD) National Contact Points, which are the remedial institutions for OECD’s Guidelines and de facto also for the UN Guiding Principles on Business and Human Rights. It draws on implications for companies involved in extractives activities in the Arctic.