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Policy Coherence as an Urgent Agenda in BHR - Get Your Act Together, Please

Policy Coherence as an Urgent Agenda in BHR - Get Your Act Together, Please

송세련(경희대학교)

37권 3호, 597~646쪽

초록

The integration of binding legal frameworks within the Business and Human Rights (BHR) domain underscores the critical importance of policy coherence, as regulatory measures now include enforceable obligations. Ensuring the effectiveness of government regulations and corporate compliance becomes the next key agenda, as enterprises prepare for due diligence and reporting under sustainability regimes, particularly for EU companies and those doing substantial business in the EU area. Analysis of key frameworks and comparative case studies can help achieve greater policy coherence in BHR governance while navigating complex institutional and political landscapes. Drawing on the OECD Policy Coherence for Sustainable Development framework, the 3-I (Ideas, Institutions, Interests) analytical approach, and the Delta 8.7. Policy Guide, along with relevant case studies, this paper investigates the challenges and opportunities in achieving structured policy coherence. Applying the model to South Korea's experience, characterized by its developmental state legacy and export-oriented economy informing its BHR policy, reveals urgent policy coherence agendas. The findings indicate that successful policy coherence requires simultaneous attention to multiple dimensions: reframing conceptual approaches to integrate environmental, social, and economic considerations; strengthening institutional coordination mechanisms while ensuring adequate resources; and managing competing interests through transparent processes that balance different stakeholder priorities. The analysis of comparative cases provides further insights into effective policy coordination strategies. This study concludes that achieving policy coherence in BHR requires both structural alignment in vertical, horizontal, and temporal dimensions through formal institutions and sustained political commitment through informal networks and stakeholder engagement. These findings should alert policymakers and practitioners working to implement BHR frameworks to a sense of urgency, as in the coming years, Korea and the world might face considerable regulatory pressure. Without policy coherence in place, private sector companies may have grounds to criticize the government and insist that BHR as mandated measures should be suspended until governments get their act together and provide a coherent and streamlined system that does not compromise enterprise competitiveness.

Abstract

The integration of binding legal frameworks within the Business and Human Rights (BHR) domain underscores the critical importance of policy coherence, as regulatory measures now include enforceable obligations. Ensuring the effectiveness of government regulations and corporate compliance becomes the next key agenda, as enterprises prepare for due diligence and reporting under sustainability regimes, particularly for EU companies and those doing substantial business in the EU area. Analysis of key frameworks and comparative case studies can help achieve greater policy coherence in BHR governance while navigating complex institutional and political landscapes. Drawing on the OECD Policy Coherence for Sustainable Development framework, the 3-I (Ideas, Institutions, Interests) analytical approach, and the Delta 8.7. Policy Guide, along with relevant case studies, this paper investigates the challenges and opportunities in achieving structured policy coherence. Applying the model to South Korea's experience, characterized by its developmental state legacy and export-oriented economy informing its BHR policy, reveals urgent policy coherence agendas. The findings indicate that successful policy coherence requires simultaneous attention to multiple dimensions: reframing conceptual approaches to integrate environmental, social, and economic considerations; strengthening institutional coordination mechanisms while ensuring adequate resources; and managing competing interests through transparent processes that balance different stakeholder priorities. The analysis of comparative cases provides further insights into effective policy coordination strategies. This study concludes that achieving policy coherence in BHR requires both structural alignment in vertical, horizontal, and temporal dimensions through formal institutions and sustained political commitment through informal networks and stakeholder engagement. These findings should alert policymakers and practitioners working to implement BHR frameworks to a sense of urgency, as in the coming years, Korea and the world might face considerable regulatory pressure. Without policy coherence in place, private sector companies may have grounds to criticize the government and insist that BHR as mandated measures should be suspended until governments get their act together and provide a coherent and streamlined system that does not compromise enterprise competitiveness.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17251/legal.2025.37.3.597
분류:
기타법학

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Policy Coherence as an Urgent Agenda in BHR - Get Your Act Together, Please | 법학논총 2025 | AskLaw | 애스크로 AI