In association with the International Commission of Jurists

Themes

11 Sep

[Markus Krajewski holds the Chair in Public and International Law at the University of Erlangen-Nürnberg.] As noted by Surya Deva in this blog, the 2020 Second Revised Draft for Legally Binding Instrument (LBI) on Business and Human rights is “negotiation-ready”. However, he wonders if states and the European Union are ready for negotiations. This contribution argues that the EU should be...

|
10 Sep

[Daniel Uribe is Programme Office of the Sustainable Development, Climate Change and Gender (SDCCG) Programme of the South Centre. The views contained in this brief are attributable to the author/s and do not represent the institutional views of the South Centre or its Member States. Any mistake or omission in this study is the sole responsibility of the author/s.] On the 6th of August 2020,...

|
10 Sep

[Olivier De Schutter is the UN Special Rapporteur on extreme poverty and human rights. He was until 2020 a member of the UN Committee on Economic, Social and Cultural Rights.] One of the innovative contributions of the Guiding Principles on Business and Human Rights, endorsed by consensus within the Human Rights Council in June 2011, was to include the practice of human rights due diligence as part of businesses'...

|
09 Sep

[Elizabeth Mangenje and Timothy Fish Hodgson are Legal Advisors at the International Commission of Jurists.] The newest draft of the “Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises” was published in the middle of the COVID-19 pandemic, a public health emergency which has had extensive impacts on human rights globally. In the context of the right to...

|
09 Sep

[Sarah Joseph is Professor of Human Rights Law and Mary Keyes is Director of the Law Futures Centre at Griffith University.] The draft treaty on business and human rights signals an intention to facilitate cross-border human rights litigation against businesses and associated cross-border cooperation. To date, most instances of such litigation have been characterised by protracted procedural battles regarding matters of private international law (especially...

|
08 Sep

[Jelena Aparac is lecturer and legal advisor in international law with a focus on Business and Human Rights in Armed Conflicts. Dr. Aparac is also an expert member of the UN Working Group on the Use of Mercenaries.] The Open-ended Intergovernmental Working Group on Transnational Corporations and Other Businesses with Respect to Human Rights (“IGWG”) was mandated by the Human Rights Council (res 26/9) to...

|
08 Sep

[Surya Deva is an Associate Professor at the School of Law of City University of Hong Kong. He co-edited Building a Treaty on Business and Human Rights: Context and Contours (CUP, 2017) with David Bilchitz.]  The Second Revised Draft (2020 Draft) marks an important step in negotiating a business and human rights (BHR) treaty. In comparison to the Zero Draft and the Revised Draft (2019 Draft),...

|
07 Sep

[Justine Nolan is a Professor in the Faculty of Law at UNSW Sydney and a Visiting Scholar with the NYU Stern Center for Business and Human Rights.] Global supply chains affect every aspect of our lives. It is hard to overstate the impact of supply chains on the economy and people’s lives. Trade, production, investment, employment relations and labour itself have drastically changed with the growth of supply...

|
07 Sep

[Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists.] A second revised Draft of an international treaty on business and human rights has been released by the Chairperson of the Open-ended Intergovernmental Working Group on Transnational Corporations and other Business Enterprises with respect to Human Rights (OEIGWG), established by UN Human Rights Council resolution 26/9 .  In...

|
03 Sep

[Rohini Sen is an Assistant Professor at Jindal Global Law School.] All the Things We Never Say International Law is imperial, colonial, capitalist and patriarchal. A vast array of critical approaches to the discipline have laid bare its Eurocentric foundations and insidious continuum. Yet, while much critical scholarship adequately battle the first two conditions, most are eerily silent on the patriarchal moorings...

|
03 Sep

[Jay Ramasubramanyam is a PhD candidate in the Department of Law and Legal Studies with a specialization in Political Economy, at Carleton University.] I concluded my first foray into virtual teaching amid the ongoing public health crisis and found myself confronted by a disturbing question: am I capable of recreating discussions about and resistance to Eurocentrism in a virtual teaching environment? Interactions with my students prior to...

|
03 Sep

[Dr Brendan Ciarán Browne is an Assistant Professor Conflict Resolution at Trinity College Dublin.] Introduction Few ‘conflicts’ engender the widest possible scrutiny within public, political and academic discourse than Israel’s ongoing settler colonial mission in Palestine. The goal of many critical legal scholars is thus to unpack the ways in which international law is weaponised to subjugate the Palestinian people, providing opportunity for students to debate and interrogate international...

|