Themes

[Shayna Bauchner is a researcher in the Asia Division at Human Rights Watch.] On August 1, Myanmar’s commander-in-chief, Sr. Gen. Min Aung Hlaing, dressed in civilian clothes, made a televised speech six months to the day after leading a coup that thrust the country back under brutal military rule. Amid claims of establishing a multiparty democracy, the junta leader announced that his manufactured state of emergency,...

It has now been over six months since the coup by the Myanmar military on 1 February 2021. There are multiple crises at the moment in Myanmar – mass atrocities being committed by the security forces on a daily basis, a devastating Covid-19 pandemic, ongoing armed conflicts in various parts of Myanmar, the continued marginalization of many minorities, and proceedings at international courts related to...

Mohsen al Attar and Rafael Quintero Godinez Investment is a heavy word. It stumbles rather than rolls off the tongue, perhaps because the speaker is aware of its convoluted character. It invokes images of factories, infrastructure, workers, money, and men (in suits or in hard hats, usually both). Most of all, investment conveys an evolutionary trajectory; one that is ideological and...

[Dr. Dalia Palombo  is a Senior Research Fellow at the Institute for Business Ethics, University of St. Gallen.] Imperialism and Transnational Human Rights Litigation How to hold multinationals to account for human rights abuses? This is a question that has tormented scholars, litigators and advocates. It is difficult to answer because the term “multinational” does not exist in law. From the legal perspective, a multinational is a conglomerate of...

[Gabrielle Holly is a Senior Adviser in the Human Rights and Business Department at the Danish Institute for Human Rights and an experienced commercial disputes practitioner. You can find her on twitter at @Gabriellellell.]  In recent years we have seen tremendous momentum behind moves to introduce mandatory human rights due diligence obligations in law, both at the national level and at the international...

[Penelope A. Bergkamp is a graduate from the National University of Singapore and KU Leuven, and law practitioner in Brussels.] Corporate liability and supply chain liability (SCL) in particular are experiencing a rapid and dramatic revolution. Supply chain liability (“SCL”) is the liability of a multinational corporation for damages caused by its business partners, often in developing countries. The term business partners refers to any business partner,...

[Paul Mougeolle is a representative of the association Notre Affaire à Tous, legal researcher for the NGO Global Legal Action Network (GLAN) and Ph.D. candidate at University of Paris Nanterre and University of Potsdam.] A wind of change is currently blowing in climate change litigation. Plaintiffs secure pioneering wins before the highest courts of Colombia, the Netherlands, Ireland, France and Germany. On the 26th of May...

[Jindan-Karena Mann is a PhD Researcher at the University of Amsterdam and Nicky Touw is a PhD Researcher at the Open University of the Netherlands.] The North Mara gold mine in Tanzania has been under scrutiny for many years now. Reports paint a picture of ongoing corruption, environmental harms, and human rights violations, including the excessive use of force by private security and police forces working with the mining...

[Radu Mares is an Associate Professor, Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University (radu.mares@rwi.lu.se)] The last two decades marked a dramatic expansion of civil liability cases against parent companies. In this period, transnational litigation offered a way to get around the legislative inaction or slowness. Indeed, civil liability principles already exist in all home states. They apply to both natural...

[Ekaterina Aristova is a Post-Doctoral Fellow at the Bonavero Institute of Human Rights. Carlos Lopez is a Senior Legal Advisor at the International Commission of Jurists.] Past decades saw an emerging trend towards reliance on civil liability claims to address business-related human rights abuses. A movement that had initial impetus from the United States of America has now expanded to other continents, especially to Europe. The...

[Patricia Viseur Sellers is the Visiting Fellow at Kellogg College of the University of Oxford and Special Advisor for Gender for the Office of the Prosecutor of the International Criminal Court. Jocelyn Getgen Kestenbaum is the Associate Professor of Clinical Law at the Benjamin N. Cardozo School of Law where she directs the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic and the Cardozo Law Institute...

[Patricia Viseur Sellers is the Visiting Fellow at Kellogg College of the University of Oxford and Special Advisor for Gender for the Office of the Prosecutor of the International Criminal Court. Jocelyn Getgen Kestenbaum is the Associate Professor of Clinical Law at the Benjamin N. Cardozo School of Law where she directs the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic and the Cardozo Law Institute...