Business and Human RightsSymposium

Which Business?

Controversies about the Scope of Application of a Future Treaty on Business and Human Rights

The United Nations treaty process, the current endeavor in the open-ended working group to draft a legally binding instrument to “regulate, in international human rights law, the activities of transnational corporations and other business enterprises”, causes much trouble and controversy.

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Business and Human RightsSymposium

Giving Human Rights a Future

The Transnational and Transformative Character of a Business and Human Rights Treaty

The future of human rights, as scholars and practitioners alike emphasize, depends on its ability to address economic inequality. For this aim, human rights lawmaking needs to listen to more voices than just the ones of the powerful states and the human rights movement needs to include more actors than it did in the past to tackle questions of fair distribution:

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Business and Human RightsSymposium

Human Rights Due Diligence

An Exercise of Extraterritorial Jurisdiction?

In its recently released General Comment (GC) No 24 the Committee on Economic, Social and Cultural Rights (CESCR) makes a crucial point: It establishes that regulation imposing Human Rights Due Diligence (HRDD), although having potential extraterritorial effects and impacts, does not imply the exercise of extraterritorial jurisdiction. But is this really the case?

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Business and Human RightsSymposium

A Future Treaty on Business and Human Rights – Its Main Functions

The state-based paradigm of international human rights law poses a significant challenge to modern day human rights problems as traditional mechanisms largely fail to adequately address corporate conduct and to respond to corporate human rights violations. A prominent judge has therefore described the phenomenon of corporate human rights abuses as “the human rights issue of the 21st century”.

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Business and Human RightsSymposium

Germany’s Moral Responsibility to Support a Treaty on Business and Human Rights

As a Jewish academic currently writing a book in Berlin, I am moved by the significant efforts in evidence across the city to remember the victims of the Holocaust. From the sobering stolpersteine to the powerful formal memorial sites, the terrible results of denying the worth and value of Jewish, Roma and gay individuals (amongst others) are clearly in evidence. Yet, memory of past violations cannot be enough: it must …

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DiscussionJournal Cooperation

Disentangling the cyber security debate

In his insightful LJIL article Kubo Mačák discusses the under-developed state of international cyber security law. He assesses that the absence of cyber security law-making has created a power vacuum that has been filled by non-state actor initiatives, such as the Tallinn Manual. He calls on states that now is the time to reclaim their central role in international lawmaking, in the short-term by articulating their opinio iuris more clearly, …

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Practitioner's Corner

Leveraging technology to enhance access to justice for children in Africa

To keep a finger on the pulse of time, technology and innovation are central to the implementation of the 2030 Agenda and the Sustainable Development Goals (SDGs). Context-informed and locally-adapted technology can be the catalyser to identify barriers in achieving the 2030 agenda and provide solutions for the sustainable development change so desperately needed. Ending all forms of violence against children is an integral part of the SDGs, namely through …

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DiscussionKick-off

Human rights and the international protection of biodiversity – A promising alliance (Part II)

The first part of this post established the intrinsic connection between human rights and the protection of biodiversity, looked at human rights and the environment in international public law in general and examined the conceptual relationship between biodiversity and the environment. The second part centers around the current approach of the UN Special Rapporteur on Human Rights and the Environment which promises nothing less than a change of paradigm on …

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DiscussionKick-off

Human rights and the international protection of biodiversity – A promising alliance (Part I)

For a long time, the legal and political endeavours to protect humans from violations of their basic rights seemed in no way connected to the preservation of biodiversity. In the past, this paradigm has been reflected by indifferent international responses to biodiversity issues: Whereas the promotion and protection of human rights has in recent decades become a major concern of the international community and the relationship between human rights and …

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Business and Human RightsCall for ContributionsSymposium

Symposium on Business and Human Rights: Call for Contributions

On June 24, 2016 the United Nations’ Council on Human Rights established an intergovernmental working group on transnational corporations. The working group is tasked with the elaboration of an international legally binding instrument “to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”. In 2017 the working group’s chairman published a non-binding paper outlining possible elements of a treaty on business and human rights; …

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