Journal article

Nonjudicial business regulation and community access to remedy

Fiona Haines, Kate Macdonald

Regulation & Governance | Wiley | Published : 2020


Redress for communities harmed by transnational business activity remains elusive. This paper examines community efforts to access redress for human rights-related harms via recourse to transnational nonjudicial mechanisms (NJMs) – a prevalent but widely debated instrument of transnational business regulation. Drawing together insights from theoretical debates surrounding nonjudicial regulation and evidence from a major empirical study of human rights redress claims in Indonesia and India, the paper explores the conditions under which NJMs can support community access to remedy. Three conditions are shown to be central in enabling some degree of NJM effectiveness: the institutional design of..

View full abstract


Awarded by Australian Research Council Linkage Project

Funding Acknowledgements

The research was supported by an Australian Research Council Linkage Project grant number LP110100426. This paper draws from a large research project that represents the work of a larger team of researchers. We would like to acknowledge this team, in particular Shelley Marshall, Tim Connor, Annie Delaney and Samantha Balaton-Chrimes. This paper would not have been possible without them. There is a dedicated website for the larger research project, which includes more detailed reports on each of the ten case studies referenced in this paper. This more detailed analysis can be accessed at: . We take full responsibility for the comparative case analysis presented in this paper.