scholarly journals Can Parallel Lines Ever Meet? The Strange Case of the International Standards on Sovereign Debt and Business and Human Rights

2016 ◽  
Author(s):  
Daniel Bradlow
Keyword(s):  
Human Rights ◽  
Sovereign Debt ◽  
International Standards ◽  
Business And Human Rights ◽  
Parallel Lines

Promoting Business and Human Rights Education: Lessons from Colombia, Ukraine and Pakistan

2021 ◽  
pp. 1-9
Author(s):  
Anthony EWING
Keyword(s):  
Human Rights ◽  
Western Europe ◽  
Academic Discipline ◽  
Business Case ◽  
International Standards ◽  
Corporate Accountability ◽  
Course Content ◽  
Business And Human Rights ◽  
Training Programmes ◽  
University Settings

Business and human rights (BHR) has been taught as an academic discipline and field of practice for thirty years.1 Since the first courses at business schools, law schools, and schools of public policy in North America and Western Europe, BHR curricula have proliferated worldwide. BHR course content has expanded to include new international standards, such as the UN Guiding Principles on Business and Human Rights (UNGPs); tools for corporate accountability; 2 and examples from the growing body of corporate BHR practice. BHR pedagogy has evolved to embrace multidisciplinary teaching techniques, from business case studies to legal drafting exercises and experiential role plays.3 BHR teaching is taking place in every region, from Africa and Asia to the Middle East and Latin America. Over 350 individuals teach the subject in some form at more than 200 institutions in 45 countries.4 More than 100 universities have added BHR courses to their curricula in the past decade alone. BHR is also taught outside traditional university settings in dedicated workshops and training programmes for professionals, academics and students.5

scholarly journals THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
International Standards ◽  
Action Plans ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Guiding Principles ◽  
International Legal Personality

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans

scholarly journals Corporate Environmental Accountability in International Law

2020 ◽  
Author(s):  
Elisa Morgera
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Sustainable Use ◽  
International Standards ◽  
Corporate Environmental Responsibility ◽  
Business And Human Rights ◽  
Recent Emergence ◽  
International Obligations

This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment indicates the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition relates the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and on the inter-relationship between human rights and the environment. It also explores the more recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. In addition, this edition points to remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views between States of their international obligations to ensure the protection of the environment and the respect of human rights.

The Litigation Landscape of Business and Human Rights

2021 ◽  
pp. 1-23
Author(s):  
Robert McCorquodale
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Corporate Identity ◽  
International Standards ◽  
European Law ◽  
Business And Human Rights ◽  
Key Concepts ◽  
Forum Non Conveniens

Robert McCorquodale outlines the wider business and human rights context of human rights litigation against multinationals and explains key concepts that arise. He highlights differences between civil law and common law systems in terms of sources of law and procedures, and between criminal and civil claims against multinationals. The concepts of separation of corporate identity and the tort law duty of care developed in the English cases are considered. The principles of European law on jurisdiction over corporations and choice of law are explained. The relevance, in multinational human rights cases, of public international law and sovereignty issues in forum non conveniens disputes, claims in the United States under the Alien Tort Statute, and by direct application in States such as Canada and the Netherlands, is discussed. The important contextual backdrop of developments such as the United Nations Guiding Principles (UNGPs), the Organisation for Economic Co-operation and Development (OECD) Guidelines and other international standards is also highlighted.

scholarly journals The Emergence of International Standards

2020 ◽  
pp. 69-139
Author(s):  
Elisa Morgera
Keyword(s):  
Human Rights ◽  
Multinational Enterprises ◽  
Performance Standards ◽  
Transnational Corporations ◽  
International Standards ◽  
Un Global Compact ◽  
Accountability Standards ◽  
Progressive Development ◽  
Business And Human Rights ◽  
Rules And Principles

This chapter provides a short theoretical discussion on the role of standards, as opposed to rules and principles, in the progressive development of international law. The chapter also assesses the conceptual and legal relevance of each initiative, namely: the UN draft Code of Conduct on Transnational Corporations, the UN Global Compact, the UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights, the influential UN Framework on Business and Human Rights and its Guiding Principles, the Guidelines for Multinational Enterprises of the Organization for Economic Cooperation and Development and the Performance Standards of the International Finance Corporation. The chapter discusses the different conceptual approaches taken by these initiatives and assesses the extent to which current human rights-based approaches have built upon the earlier consolidation of international corporate environmental accountability standards and the extent to which they contribute to further detailing these standards.

scholarly journals Business and Human Rights Concerns in the Indonesian Textile Industry

Yuridika ◽  
2019 ◽  
Vol 34 (3) ◽  
pp. 493
Author(s):  
Iman Prihandono ◽  
Fajri Hayu Religi
Keyword(s):  
Economic Growth ◽  
Human Rights ◽  
Textile Industry ◽  
Manufacturing Industry ◽  
Labour Force ◽  
Environmental Issues ◽  
International Standards ◽  
Environmental Damage ◽  
Business And Human Rights ◽  
Human Rights Standards

Indonesia is the tenth largest textile exporter in the world. The textile industry has long been the major industry to absorb labour force in the country. The textile industry substantially contributes to the national economic growth by employing 3.58 million workers, or 21.2 per cent of the total labour force in the manufacturing industry. The textile business has been growing over the previous decade. Based on the Bank of Indonesia report, this industry significantly contributes to the Gross Domestic Product (GDP) of Indonesia. The contribution increased from Rp96.3trillion (US$7billion) in 2010 to Rp139.4trillion (US$10.2billion) in 2015. However, the textile industry in Indonesia does not only positively contribute to the country’s economic growth, it also creates negative impacts, such as environmental issues. As will be explained further, these environmental impacts include environmental damage caused to the Citarum River and Sukoharjo. The textile industry’s contribution to pollution is also high at a global level. Among the G20 countries, Indonesia is ranked 2nd for the highest levels of water pollution caused by the textile industry with 29.25 per cent, slightly below Turkey (32.21 per cent). Even though most of the international brands, such as GAP, H&M and Inditex, have already adopted human rights standards and policies, there are still many cases that show the failure of these companies to uphold human rights. For this reason, the implementation of international standards is needed to achieve a more sustainable textile industry. This article discusses business and human rights concerns in relation to the Indonesian textile industry. It addresses several environmental issues caused by the textile industry, discusses human rights standards and policies in the textile industry, and finally shows possible ways of implementing such international standards (i.e. Eco Label and the Bangladesh Accord) in Indonesia.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

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