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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.
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.
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".
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
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
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
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
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
15 Foreword to the Updated
Stéphane Brabant, Shaheeza Lalani, Bernhard Maier and Maria Izabel Cardozo
16 Updated
Index
Lawyers, students and practitioners; professors and students of law, business, and public policy; corporate officers dealing with governance and ethics issues.