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Torn between Legal Claiming and Privatized Remedy: Rights Mobilization against Gold Mining in Chile

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  • Maher, Rajiv
  • Monciardini, David
  • Böhm, Steffen

Abstract

Many academic authors, policy makers, NGOs, and corporations have focused on top-down human rights global norm-making, such as the United Nations Guiding Principles for Business and Human Rights (UNGPs). What is often missing are contextual and substantive analyses that interrogate rights mobilization and linkages between voluntary transnational rules and domestic governance. Deploying a socio-legal approach and using a combination of longitudinal field and archival data, this article investigates how a local, indigenous community in Northern Chile mobilized their rights over a period of almost two decades. We found that rights mobilization was largely shaped by tensions between the different logics of legality and the business organization. In our case, the UNGP implementation process has been ineffective in giving rightsholders access to genuine remedy. On the contrary, it has led to weakened rights mobilization, dividing the local community. We conclude that greater attention to rights mobilization and domestic governance dynamics should be given in the business and human rights debate.

Suggested Citation

  • Maher, Rajiv & Monciardini, David & Böhm, Steffen, 2021. "Torn between Legal Claiming and Privatized Remedy: Rights Mobilization against Gold Mining in Chile," Business Ethics Quarterly, Cambridge University Press, vol. 31(1), pages 37-74, January.
  • Handle: RePEc:cup:buetqu:v:31:y:2021:i:1:p:37-74_2
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    Citations

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    Cited by:

    1. Marisa McVey & John Ferguson & François-Régis Puyou, 2023. "“Traduttore, Traditore?” Translating Human Rights into the Corporate Context," Journal of Business Ethics, Springer, vol. 182(3), pages 573-596, January.
    2. Preuss, Lutz & Vazquez-Brust, Diego & Yakovleva, Natalia & Foroughi, Hamid & Mutti, Diana, 2022. "When social movements close institutional voids: Triggers, processes, and consequences for multinational enterprises," Journal of World Business, Elsevier, vol. 57(1).
    3. Chia‐Hao Ho & Steffen Böhm & David Monciardini, 2022. "The collaborative and contested interplay between business and civil society in circular economy transitions," Business Strategy and the Environment, Wiley Blackwell, vol. 31(6), pages 2714-2727, September.
    4. Maria Ehrnström-Fuentes & Steffen Böhm, 2023. "The Political Ontology of Corporate Social Responsibility: Obscuring the Pluriverse in Place," Journal of Business Ethics, Springer, vol. 185(2), pages 245-261, June.
    5. John R. Owen & Deanna Kemp, 2024. "Corporate Responses to Community Grievance: Voluntarism and Pathologies of Practice," Journal of Business Ethics, Springer, vol. 189(1), pages 55-68, January.

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