Business and Human Rights

Emerging Challenges, Issues, and Trends

Series: 

The open access publication of this book has been published with the support of the Swiss National Science Foundation.

This book explores the interface of Business and Human Rights with other practice areas, such as antitrust, arbitration, artificial intelligence, investment law, finance, private international law, professional ethics, labor law, sports law, venture capital, among others. It presents contributions from a diverse and international group of academics, researchers, and practitioners in Europe, Asia, and South America. It also includes the International Bar Association’s Updated Guidance Note on Business and Human Rights for lawyers, which represents a relevant policy development in the intersection of Business and Human Rights and professional legal ethics.
Copyright Year:
2024
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ISBN:
978-90-04-71515-8
Publication:
18 Mar 2025
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Published
ISBN:
978-90-04-71514-1
Publication:
03 Apr 2025
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About MyBook
Front Matter
Preliminary Material
Copyright Page
Notes on Contributors
Introduction Business and Human Rights: Emerging Challenges, Issues and Trends
Introduction
Part 1 Key Developments on Business and Human Rights
Chapter 1 From International “Soft” Law to Law in Business and Human Rights: The Role of the UNGPS in the Development of Formal Sources of International Law
Chapter 2 Corporate Lawyers and Climate Change: Perspectives from Professional Ethics and Business and Human Rights
Chapter 3 Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual Framework for Heightened Human Rights Due Diligence
Chapter 4 The Relevance of Mandatory Human Rights and Sustainability Due Diligence for the Greening of EU Antitrust Law
Part 2 Responsibility to “Respect Human Rights” across Different Industries
Chapter 5 Shared Responsibility for Human Rights in the Algorithmic Age: Why Business Should Be the States’ Ally to Eliminate Discrimination
Chapter 6 Reasonable Accommodation as a Tool for States and Businesses to Cope with the UNGPS
Chapter 7 Venture Capital and Human Rights Due Diligence: Time to Act
Chapter 8 Risk-Creating Industries’ Obligation to the Right to Health
Chapter 9 From Non-discrimination to the Guiding Principles and Back: How the Olympics Have Addressed Human Rights until Today
Part 3 Access to Remedy
Chapter 10 Business and Human Rights: Issues of Private International Law
Chapter 11 Civil Liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?
Chapter 12 Is Arbitration the Answer? An Analysis of Applicable Substantive Law under the Hague Rules on Business and Human Rights Arbitration in the Context of the ICT Manufacturing Industry
Chapter 13 Human Rights Compliance in Investment Activities: Some Challenges from the New Latin American Constitutionalism
Chapter 14 Interface between the Judiciary and National Human Rights Institutions: A Means to Ensure Effective Remedies for Business-Related Human Rights Abuses?
Part 4 Updated IBA Guidance and Commentary
Chapter 15 Foreword to the Updated IBA Guidance Note on Business and Human Rights: The Role of Lawyers in the Changing Landscape
Chapter 16 Updated IBA Guidance Note on Business and Human Rights: The Role of Lawyers in the Changing Landscape
Back Matter
Index
Andreas R. Ziegler, LL.M. (European University Institute), is a Professor of International Law at the University of Lausanne, Switzerland. He is on the permanent roster of panelists for the World Trade Organization (WTO) and regularly advises clients on investment, trade and enforcement issues.

Damiano Canapa, LL.M. (Bruges), LL.M. (Yale), is a Professor of Corporate Law and Competition Law at the University of Lausanne and the Director of the Center for Business Law (CEDIDAC).

Maria Izabel Cardozo, LL.M. (Pontifícia Universidade Católica do Rio de Janeiro), LL.M. (University of Lausanne), is an international corporate lawyer who specializes in Environmental, Social, and Governance (ESG) matters and has worked as a Visiting Researcher at the University of Pavia, Italy".
List of Tables

Notes on Contributors

Part 1
  Introduction: Business and Human Rights: Emerging Challenges, Issues and Trends
  Andreas R. Ziegler, Damiano Canapa, and Maria Izabel Cardozo

Part 2
Human Rights at a Glance
1 From International “Soft” Law to Law in Business and Human Rights: The Role of the ungps in the Development of Formal Sources of International Law
  Elena Assenza

2 Corporate Lawyers and Climate Change: Perspectives from Professional Ethics and Business and Human Rights
  Jasmine Elliott and Boudewijn de Bruin

3 Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual Framework for Heightened Human Rights Due Diligence
  Izabela Jędrzejowska-Schiffauer, Daria Nagaivska, and Jan Minksztym

4 The Relevance of Mandatory Human Rights and Sustainability Due Diligence for the Greening of EU Antitrust Law
  Maria Jose Schmidt-Kessen

Part 3
Responsibility to “Respect Human Rights” across Different Industries
5 Shared Responsibility for Human Rights in the Algorithmic Age: Why Business Should Be the States’ally to Eliminate Discrimination
  Fabian Lütz

6 Reasonable Accommodation as a Tool for States and Businesses to Cope with the ungps
  Morgane Ventura

7 Venture Capital and Human Rights Due Diligence: Time to Act
  Michel Jaccard and Christof Cardinaux

8 Risk-Creating Industries’ Obligation to the Right to Health
  Alice Bryk Silveira

9 From Non-discrimination to the Guiding Principles and Back: How the Olympics Have Addressed Human Rights until Today
  Jean-Loup Chappelet

Part 4
Access to Remedy
10 Business and Human Rights: Issues of Private International Law
  Andrea Bonomi

11 Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?
  Nicolas Bueno and Isidore Ngueuleu

12 Is Arbitration the Answer? An Analysis of Applicable Substantive Law under the Hague Rules on Business and Human Rights Arbitration in the Context of the ict Manufacturing Industry
  Max Ebdon

13 Human Rights Compliance in Investment Activities: Some Challenges from the New Latin American Constitutionalism
  Fernando Bruno Escobar Pacheco

14 Interface between the Judiciary and National Human Rights Institutions: A Means to Ensure Effective Remedies for Business-Related Human Rights Abuses?
  Puspa Pokharel

Part 5
Updated iba Guidance and Commentary
15 Foreword to the Updated iba Guidance Note on Business and Human Rights: The Role of Lawyers in the Changing Landscape
  Stéphane Brabant, Shaheeza Lalani, Bernhard Maier and Maria Izabel Cardozo

16 Updated iba Guidance Note on Business and Human Rights: The Role of Lawyers in the Changing Landscape


Index

Lawyers, students and practitioners; professors and students of law, business, and public policy; corporate officers dealing with governance and ethics issues.
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