Private Law Theory

ABSTRACT
This thesis proposes a social law approach to examine and suggest future directions for the legal and institutional responses to the Business and Human Rights (BHR) framework. The social law approach referred to in this thesis seeks to interpret and apply social law’s inherent ethos and methodologies to the current global value chain economy and relevant BHR measures, rather than focusing on specific areas of social law, such as particular labor or social security policies. Principles of solidarity and social justice, along with social law’s distinctive methodology of ‘public intervention in private sphere,’ constitute essential elements of the discussion. This thesis explores both the strengths and limitations of the polycentric governance in contemporary legal ecosystem. Furthermore, it addresses the governance risks associated with the growing trend toward corporate-centered due diligence measures, which often rely heavily on voluntary regulation and self-monitoring. Building on this, the thesis explores the implications of social law’s historical significance and its normative approach, which actively addresses power imbalances between economic and social power relationships, for the current BHR framework. Through this analysis, it reconceptualizes ‘meaningful stakeholder engagement,’ a key requirement of polycentric governance, and further discusses ways to implement social law principles that foster democratic, redistributive, and inclusive justice within BHR framework, empowering the vulnerable frontline stakeholders.

Kang, Minju, A Social Law Approach to Business and Human Rights (January 28, 2025). PhD thesis, Seoul National University.