Business & Human Rights

On September 30th, the Independent Expert Review of the International Criminal Court and the Rome Statute System (“Independent Expert Review”, “IER”) issued its final report (“report”, “final report”) after the Assembly of States Parties (“ASP”) issued a resolution in December 2019 commissioning a review. In an earlier post, I argued that unpaid internships in international criminal institutions (and in international...

[Tarini Mehta is Assistant Professor of Environmental Law, Assistant Dean of Student Affairs and Director of the Environmental Law and Science Advocacy Forum at Jindal School of Environment & Sustainability, O.P. Jindal Global University, India.] [This symposium was convened by Shirleen Chin, founder of Green Transparency.  Shirleen was inspired by attending an Expert Working Group on international criminal law and the protection of...

[Tarini Mehta is Assistant Professor of Environmental Law, Assistant Dean of Student Affairs and Director of the Environmental Law and Science Advocacy Forum at Jindal School of Environment & Sustainability, O.P. Jindal Global University, India.] [This symposium was convened by Shirleen Chin, founder of Green Transparency.  Shirleen was inspired by attending an Expert Working Group on international criminal law and the protection of...

[Shirleen Chin is the Head of Advocacy & Strategic Partnerships for the Stop Ecocide Foundation, based in The Hague, that runs the “Stop Ecocide: Change the Law” Campaign.] [This symposium was convened by Shirleen, who was inspired by attending an Expert Working Group on international criminal law and the protection of the environment at the Promise Institute for Human Rights at UCLA School...

The International Commission of Jurists (ICJ) has been in discussions with Facebook regarding the human rights impact of Facebook’s operations around the world, with a particular emphasis on situations such as Myanmar, where there are credible reports of international crimes. This Q&A is a result of the ongoing deliberations and is focused on Myanmar and Facebook’s approach to the multiple legal issues that have...

[Richard Mackenzie-Gray Scott is a consultant at the Bingham Centre for the Rule of Law.] Reading further might disappoint those interested in investor-state dispute settlement. I will not be analysing the minimum standard of treatment with which the ISDS aficionados are familiar. Instead, I offer some thoughts relating to a minimum standard of treatment in the context of labour practices, specifically those of entities within the international law community....

[Claire Methven O’Brien is Senior Researcher and Strategic Adviser at the Danish Institute for Human Rights, and Baxter Fellow and Lecturer at the Law School, University of Dundee.] Human society faces unprecedented and interlinked global challenges: climate change, catastrophic environmental destruction, the concentration of global wealth and power into the grasping hands of a tiny few, while insecurity and denials of basic social and economic rights dog...

[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...

[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,...

[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'...

[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...

[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...