Strategic Business and Human Rights Litigation: It Is a Marathon, not a Sprint

Abstract 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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Publication Details

Journal
Business and Human Rights Journal
Published
2025-10-01
DOI
https://doi.org/10.1017/bhj.2025.10030
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00

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article

Strategic Business and Human Rights Litigation: It Is a Marathon, not a Sprint

Ekaterina Aristova
Business and Human Rights Journal
Corporate Law and Human Rights
article

Strategic Business and Human Rights Litigation: It Is a Marathon, not a Sprint

Ekaterina Aristova
article en

Abstract

Abstract 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.

Business and Human Rights JournalVol. 10(2-3)
University of Surrey (GB)
Leverhulme Trust, University of Tasmania, RMIT University
Openalex Percentile: Top 58%
Corporate Law and Human Rights
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Strategic Business and Human Rights Litigation: It Is a Marathon, not a Sprint — Ekaterina Aristova · Business and Human Rights Journal (2025) | TGRS Research Map | TGRS