Abstract

SANCHEZ GONZALEZ, Alejandro. The Interaction between Convergent and Divergent Approaches of Global Law in the Field of Business and Human Rights. Anu. Mex. Der. Inter [online]. 2021, vol.21, pp.35-59.  Epub Jan 21, 2022. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2021.21.15587.

Convergent notions seek to counter difference by treating global law as a collective agreement implemented by hierarchical arrangements. By contrast, the divergent conceptions seek to manage difference through the coordination of distinct normative orders. There is an ample debate around the discrepancies between these two approaches, but little has been said about their affinities. Thus, the purpose of this text is to analyze both visions, utilizing the field of business and human rights as a case study. By doing so, we will prove that convergent and divergent notions are compatible and capable to interact for reciprocal benefit, by establishing learning relationships, by maintaining the conditions of existence of one another, and by collaborating as a whole to achieve common objectives.

Keywords : global law; convergent approach; divergent approach; business and human rights.

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