Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
Martina Buscemi, (Ph.D., University of Milan, 2017) is a Research Fellow in International Law at the University of Milan. She has published several articles and book chapters on different topic of international law, including the law of international responsibility, treaty law, and human-rights-related issues.
Nicole Lazzerini, (Ph.D., European University Institute, 2013) is Assistant Professor of EU law at the University of Florence where she teaches EU Institutional Law in the Law School and in the School of Political Sciences. She has published a monograph and several articles on institutional aspects of the European integration.
Laura Magi, (Ph.D., University of Padua, 2007) is Assistant Professor of International Law at the University of Florence where she teaches International Law in the School of Economics and in the School of Political Sciences. She has published a monograph and several articles on conflicts of norms and jurisdictions, human rights law and the law of international responsibility.
Deborah Russo, (Ph.D, University of Florence, 2009) is Assistant Professor of International Law at the University of Florence. She teaches “International Law” and “Advanced International Law”. She has published a monograph and several articles on different topics of International Law.
Notes on Contributors
Introduction by the Editors
Part 1: Towards International Rules Incumbent upon Companies
1 Corporate Human Rights Due Diligence: from the Process to the Principle
2 A Binding Instrument on Business and Human Rights as a Source of International Obligations for Private Companies: Utopia or Reality?
3 International Investment Treaties as a Source of Human Rights Obligations for Investors
4 To What Extent Does International Law Matter in the Field of Business and Human Rights?
5 The EU Charter of Fundamental Rights as the Source of Judicially Enforceable Obligations to the Activity of Private Companies
Part 2: The Contribution of Companies to the Development of Business and Human Rights Law
6 Direct and Indirect Involvement of Companies in the Development of Business and Human Rights Law: Insights from Practice
7 Multi-stakeholder Initiatives and New Models of Co-regulation in the Field of Business and Human Rights
8 The Role of Corporations as Standards Setters: the Case of Business Actors Involved in the Development and Deployment of Artificial Intelligence Tools
Part 3: Hardening the ‘Softness’ of Business and Human Rights Regulation
9 National Action Plans and their Legal Value
10 Hardening Soft Law: the Implementation of Human Rights Due Diligence Requirements in Domestic Legislations
Chiara Macchi and Claire Bright
11 From Soft International Law on Business and Human Rights to Hard EU Legislation?
Francesco Luigi Gatta
12 Human Rights Clauses in Public Procurement: a New Tool to Promote Human Rights in (States’) Business Activities?
Edoardo Alberto Rossi
13 The Unbearable Lightness of European Security and Markets Authority’s Soft Law: an Italian Perspective Jacopo Alberti
Conclusion Angelica Bonfanti
All interested in Business and Human Rights Law, its normative process under international and European law, and anyone concerned with public international law and the theory of sources.