When Shengcun Quan meet Due Diligence, A Comparative Perspective on Business and Human Rights in the EU and China

This dissertation provides a comparative analysis of the human rights frameworks and enforcement mechanisms in the business sector in the European Union and China. It examines the structural, ideological, and functional differences that underpin the business and human rights (BHR) mechanisms in each jurisdiction. Drawing on a combined approach based on critical international legal theory and structuralist comparative law, it examines the specificities of the Chinese human rights framework, in particular through the right to subsistence (shengcun quan 生存权), and compares it with the EU's due diligence policy and other BHR strategies. The work is articulated in five chapters. First, it outlines the theoretical foundations of this research, focusing on a critical legal perspective and the interplay of law and language in comparative law. The dissertation then analyses the global BHR framework, tracing its evolution from the UN Code of Conduct for Transnational Corporations to the recent developments of the UN Treaty on Business and Human Rights. Subsequently, it focuses on China's BHR framework, highlighting ideological principles and enforcement practices that prioritise the right to livelihood and economic development. It will also analyse the EU framework through its extensive regulatory apparatus and its role as a normative power in promoting human rights globally. A final comparative assessment will identify internal and external enforcement challenges and the politicisation of BHR in EU and Chinese foreign policy. By examining legislation, case law, policy statements and international legal instruments, this research highlights both the ideological and practical implications of human rights enforcement in the business sector. It critically investigates these frameworks and identifies emerging trends and potential pathways of future global BHR standards. The aim of this research is to contribute to the broader debate on the role of critical legal perspectives and comparative law in analysing international relations. It also seeks to address the global challenges in light of the growing influence of both the EU and China in shaping international norms.