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Research Handbook on Human Rights and Business
This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field.
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Critical Acclaim
Contributors
Contents
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This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business.
In addition to offering critical insights on the historical evolution of the business and human rights field and its relationship with the domain of corporate social responsibility, contributions to this comprehensive Research Handbook are split into several thematic parts to facilitate cohesive analysis. Chapters explore the themes of corporate human rights due diligence, regulatory role of states, human rights’ intersection with trade, investment and finance, heightened risks for certain groups and contexts, and corporate accountability.
Containing a detailed examination of the challenges and the potential solutions in the field, the Research Handbook on Human Rights and Business will be an indispensable resource for scholars, researchers, policymakers and practitioners working at the intersection of business and human rights.
In addition to offering critical insights on the historical evolution of the business and human rights field and its relationship with the domain of corporate social responsibility, contributions to this comprehensive Research Handbook are split into several thematic parts to facilitate cohesive analysis. Chapters explore the themes of corporate human rights due diligence, regulatory role of states, human rights’ intersection with trade, investment and finance, heightened risks for certain groups and contexts, and corporate accountability.
Containing a detailed examination of the challenges and the potential solutions in the field, the Research Handbook on Human Rights and Business will be an indispensable resource for scholars, researchers, policymakers and practitioners working at the intersection of business and human rights.
Critical Acclaim
‘The Research Handbook on Human Rights and Business provides a thorough analysis of the complex issues associated with business and human rights by some of the most prominent scholars in the field. This book is integral to legal scholars and advocates for understanding both the shortcomings in the UNGP and current mechanisms for protecting human rights and the pathways to reforming the human rights and business paradigm in a way that obligates corporations and states to treat human rights as an objective in itself, rather than a hindrance to profit maximization.’
– Sue Silverman, International Journal of Legal Information
‘The Research Handbook is a timely, welcome and extensive research publication, with chapters from experts, which looks both at the field of business and human rights (BHR) and deconstructs and critiques the guiding principles.’
– Krishnendu Mukherjee, Journal of the Indian Law Institute
‘The Research Handbook on Human Rights and Business surveys many of the most important issues that anyone interested in ensuring human rights protections must understand and address. It challenges the current state of the field, calls into question ‘co-opting’ human rights rhetoric to advance economic interests, and offers some correctives to counter the increasing corporate capture of policy making processes. The contributions contained in this volume serve to explain and to expand a fast moving and growing field of inquiry exploring the interactions between human rights and different areas of law. The Handbook is a critical reference for anyone who seeks to better understand the past and future of business and human rights.’
– Erika George, University of Utah, US
‘The Research Handbook on Human Rights and Business is simply the most magisterial treatment of this fast growing, but challenging, field I have seen in the last 20 years; rich in its diversity of opinions, comprehensive in its coverage of issues, and commanding as regards the depth and rigour of each contribution. There is a refreshing authenticity in the voices expressed in this Handbook by the various authors, all of whom have worked in this field for a considerable period of time. The Handbook is work of outstanding scholarly standard that should earn prime space on the bookshelves of all those interested in policy making, implementation and enforcement of standards, research and postgraduate teaching on business and human rights.’
– Danwood Chirwa, University of Cape Town, South Africa
''This book provides vital and intelligent insights into the rapidly developing area of business and human rights. The chapters cover a broad variety of key issues and are written by some of the leading experts in their fields, who provide excellent analysis and critiques of the policies, practices and law in this area. It should be an essential part of corporate, government, international organisation, civil society and academic reading – and action – in this area.''
– Robert McCorquodale, University of Nottingham and Brick Court Chambers, UK
‘The debate on business and human rights has often been drowned in conceptual waters – duties vs. responsibilities, due diligence vs. sphere of influence, and so forth. This ambitious volume does not avoid these issues, but it goes much further: it captures the emerging practices and dilemmas facing business and governments. It is an indispensable tool to both researchers and activists.’
– Olivier De Schutter, University of Louvain, Belgium and Member of the UN Committee on Economic, Social and Cultural Rights
‘A must-have collection for anyone interested in business and human rights: a veritable who’s-who in the field covers a comprehensive range of issues, including historical perspectives, an unpacking of corporate due diligence, the role of states, heightened risk contexts, interactions with international economic law, and the availability of remedies.’
– Sarah Joseph, Griffith University, Australia
– Sue Silverman, International Journal of Legal Information
‘The Research Handbook is a timely, welcome and extensive research publication, with chapters from experts, which looks both at the field of business and human rights (BHR) and deconstructs and critiques the guiding principles.’
– Krishnendu Mukherjee, Journal of the Indian Law Institute
‘The Research Handbook on Human Rights and Business surveys many of the most important issues that anyone interested in ensuring human rights protections must understand and address. It challenges the current state of the field, calls into question ‘co-opting’ human rights rhetoric to advance economic interests, and offers some correctives to counter the increasing corporate capture of policy making processes. The contributions contained in this volume serve to explain and to expand a fast moving and growing field of inquiry exploring the interactions between human rights and different areas of law. The Handbook is a critical reference for anyone who seeks to better understand the past and future of business and human rights.’
– Erika George, University of Utah, US
‘The Research Handbook on Human Rights and Business is simply the most magisterial treatment of this fast growing, but challenging, field I have seen in the last 20 years; rich in its diversity of opinions, comprehensive in its coverage of issues, and commanding as regards the depth and rigour of each contribution. There is a refreshing authenticity in the voices expressed in this Handbook by the various authors, all of whom have worked in this field for a considerable period of time. The Handbook is work of outstanding scholarly standard that should earn prime space on the bookshelves of all those interested in policy making, implementation and enforcement of standards, research and postgraduate teaching on business and human rights.’
– Danwood Chirwa, University of Cape Town, South Africa
''This book provides vital and intelligent insights into the rapidly developing area of business and human rights. The chapters cover a broad variety of key issues and are written by some of the leading experts in their fields, who provide excellent analysis and critiques of the policies, practices and law in this area. It should be an essential part of corporate, government, international organisation, civil society and academic reading – and action – in this area.''
– Robert McCorquodale, University of Nottingham and Brick Court Chambers, UK
‘The debate on business and human rights has often been drowned in conceptual waters – duties vs. responsibilities, due diligence vs. sphere of influence, and so forth. This ambitious volume does not avoid these issues, but it goes much further: it captures the emerging practices and dilemmas facing business and governments. It is an indispensable tool to both researchers and activists.’
– Olivier De Schutter, University of Louvain, Belgium and Member of the UN Committee on Economic, Social and Cultural Rights
‘A must-have collection for anyone interested in business and human rights: a veritable who’s-who in the field covers a comprehensive range of issues, including historical perspectives, an unpacking of corporate due diligence, the role of states, heightened risk contexts, interactions with international economic law, and the availability of remedies.’
– Sarah Joseph, Griffith University, Australia
Contributors
Contributors: D.D. Bradlow, H. Cantú Rivera, D. Cassel, L. Catá Backer, D. Chimisso dos Santos, J. Coleman, K.Y. Cordes, S. Deva, N. Jägers, L. Johnson, J. Kolieb, M. Krajewski, J. Kyriakakis, J. Letnar Černič, R. Mares, J. Martin, O. Martin-Ortega, C. Methven O’Brien, A. Naudé Fourie, J. Nolan, M.M. Rahim, J.G. Ruggie, S.L. Seck, B. Stephens, M.B. Taylor, T. Van Ho, M. van Huijstee, F. Wettstein, J. Wilde-Ramsing
Contents
Contents:
1. From ‘Business or Human Rights’ to ‘Business and Human Rights’: What Next?
Surya Deva
A. Human Rights and Business: History and Evolution
2. The History of ‘Business and Human Rights’ and its Relationship with ‘Corporate Social Responsibility’
Florian Wettstein
3. The Rise and Fall of the Alien Tort Statute
Beth Stephens
4. The Social Construction of the UN Guiding Principles on Business and Human Rights
John Gerard Ruggie
B. Corporate Human Rights Due Diligence
5. Human Rights Due Diligence in Theory and Practice
Mark B. Taylor
6. Human Rights Due Diligence and the (Over)-Reliance on Social Auditing in Supply Chains
Justine Nolan and Nana Frishling
7. Humanizing the Global Supply Chain: Building a ‘Decent Work’ Environment in the Ready-made Garments Supply Industry in Bangladesh
Mia Rahim
8. Human Rights Due Diligence and Extractive Industries
Daniela Chimisso Dos Santos and Sara L. Seck
C. Regulatory Role and Tools of States
9. The Use of Disclosure-Based Regulation to Advance the State’s Duty to Protect
Jena Martin
10. State Jurisdiction over Transnational Business Activity Affecting Human Rights
Doug Cassel
11. Human Rights Responsibilities of State Owned Enterprises
Larry Catá Backer
12. Human rights and public procurement of goods and services
Claire Methven O’Brien and Olga Martin-Ortega
D. Human Rights’ Interaction with Trade, Investment and Finance
13. Framing the Broader Context of Business and Human Rights: The Impact of Trade Agreements on Human Rights
Markus Krajewski
14. Human Rights Law and the Investment Treaty Regime
Jesse Coleman, Kaitlin Y. Cordes and Lise Johnson
15. The Multilateral Development Banks and the Management of the Human Rights Impacts of their Operations
Danny Bradlow and Andria Naude Fourie
E. Heightened Human Rights Risks: Groups and/or Operating Context
16. Business and Indigenous Peoples’ Human Rights
Jernej Letnar Černič
17. Protecting the Most Vulnerable: Embedding Children’s Rights in the Business and Human Rights Project
Jonathan Kolieb
18. Business and Human Rights in Transitional Justice: Challenges for Complex Environments
Tara Van Ho
F. Access to Remedy and Corporate Accountability: Opportunities and Challenges
19. Access to Effective Remedy: The Role of Information
Nicola Jägers
20. The Role of Civil Society and Human Rights Defenders in Corporate Accountability
David Birchall
21. Liability within Corporate Groups: Parent Company’s Accountability for Subsidiary Human Rights Abuses
Radu Mares
22. The Relationship Between Non-Judicial Grievance Mechanisms and Access to Remedy for Business-Related Human Rights Abuses
Mariëtte van Huijstee and Joseph Wilde-Ramsing
23. National Human Rights Institutions and their (Extended) Role in the Business and Human Rights Field
Humberto Cantú Rivera
24. Atrocities and Victim Redress: The Opportunities and Challenges of International Criminal Justice
Joanna Kyriakakis
Index
1. From ‘Business or Human Rights’ to ‘Business and Human Rights’: What Next?
Surya Deva
A. Human Rights and Business: History and Evolution
2. The History of ‘Business and Human Rights’ and its Relationship with ‘Corporate Social Responsibility’
Florian Wettstein
3. The Rise and Fall of the Alien Tort Statute
Beth Stephens
4. The Social Construction of the UN Guiding Principles on Business and Human Rights
John Gerard Ruggie
B. Corporate Human Rights Due Diligence
5. Human Rights Due Diligence in Theory and Practice
Mark B. Taylor
6. Human Rights Due Diligence and the (Over)-Reliance on Social Auditing in Supply Chains
Justine Nolan and Nana Frishling
7. Humanizing the Global Supply Chain: Building a ‘Decent Work’ Environment in the Ready-made Garments Supply Industry in Bangladesh
Mia Rahim
8. Human Rights Due Diligence and Extractive Industries
Daniela Chimisso Dos Santos and Sara L. Seck
C. Regulatory Role and Tools of States
9. The Use of Disclosure-Based Regulation to Advance the State’s Duty to Protect
Jena Martin
10. State Jurisdiction over Transnational Business Activity Affecting Human Rights
Doug Cassel
11. Human Rights Responsibilities of State Owned Enterprises
Larry Catá Backer
12. Human rights and public procurement of goods and services
Claire Methven O’Brien and Olga Martin-Ortega
D. Human Rights’ Interaction with Trade, Investment and Finance
13. Framing the Broader Context of Business and Human Rights: The Impact of Trade Agreements on Human Rights
Markus Krajewski
14. Human Rights Law and the Investment Treaty Regime
Jesse Coleman, Kaitlin Y. Cordes and Lise Johnson
15. The Multilateral Development Banks and the Management of the Human Rights Impacts of their Operations
Danny Bradlow and Andria Naude Fourie
E. Heightened Human Rights Risks: Groups and/or Operating Context
16. Business and Indigenous Peoples’ Human Rights
Jernej Letnar Černič
17. Protecting the Most Vulnerable: Embedding Children’s Rights in the Business and Human Rights Project
Jonathan Kolieb
18. Business and Human Rights in Transitional Justice: Challenges for Complex Environments
Tara Van Ho
F. Access to Remedy and Corporate Accountability: Opportunities and Challenges
19. Access to Effective Remedy: The Role of Information
Nicola Jägers
20. The Role of Civil Society and Human Rights Defenders in Corporate Accountability
David Birchall
21. Liability within Corporate Groups: Parent Company’s Accountability for Subsidiary Human Rights Abuses
Radu Mares
22. The Relationship Between Non-Judicial Grievance Mechanisms and Access to Remedy for Business-Related Human Rights Abuses
Mariëtte van Huijstee and Joseph Wilde-Ramsing
23. National Human Rights Institutions and their (Extended) Role in the Business and Human Rights Field
Humberto Cantú Rivera
24. Atrocities and Victim Redress: The Opportunities and Challenges of International Criminal Justice
Joanna Kyriakakis
Index
