B6094 - Business and Human Rights

Learning outcomes

• Understand the evolution and current state of BHR in international law.
• Assess the scope of States' obligations with respect to corporate activities.
• Explore the nature of corporate responsibility with respect to human rights and environmental standards.
• Evaluate corporate strategies for human rights due diligence.
• Develop skills to implement BHR frameworks in corporate governance.

Course contents

I. Introduction to Business and Human Rights

• Origins, evolution, and terminology
• Historical cases
• Key tensions

II. The International Normative Framework: Framing State Obligations, Unfolding the Status of Companies in International Law

• International Human Rights Law
• International Environmental Law
• International Humanitarian Law
• International Investment Law
• State duties vs corporate responsibility

III. International Law Efforts to Regulate Corporate Activities

• The OECD Guidelines on Multinational Enterprises
• The ILO Tripartite Framework on Multinational Enterprises
• The UN Global Compact
• The United Nations Guiding Principles on Business and Human Rights
• The Draft Treaty on Business and Human Rights

IV. The Role of Multi-Stakeholders Initiatives

• Types of MSI
• Legitimacy and Effectiveness

V. State Obligations to Regulate Corporate Activities

• The Source and development of State Obligations
• The Reach of State Obligations: Extraterritoriality
• The Obligation to Ensure Access to Remedy

VI. Corporate Rights Due Diligence (HRDD)

• Corporate Human Rights Due Diligence: Definition, Scope, Limitations
• Applying
• Applying Corporate Human Rights Due Diligence Throughout Different Sectors
• Hardening Soft Law: Mandatory Human Rights Due Diligence in Domestic Legal Systems
• Hardening Soft Law: Regional Approaches

VII. Business, Human Rights and Climate Change

• The Iternational Legal Framework on Climate Change
• State as Duty Bearers
• The Evolving Role of Corporate Actors
• Climate Change Litigation

VIII. Business and Human Rights in the Age of Artificial Intelligence

• AI Regulation in International Law
• State Obligations
• HRDD in the field of artificial intelligence

IX. Companies Operating in Conflict-Affected Areas

• The Applicable Rules
• Corporate Involvement in International Crimes

Readings/Bibliography

Robert McCorquodale, Business and Human Rights (Oxford University Press 2024)

Syllabus Provided on Virtuale

Teaching methods

• Interactive lectures supported by presentation slides
• Guided discussions and structured class debates
• Case-study analysis and problem-based learning
• Guest lectures by academics and practitioners

Assessment methods

 

Attendance is compulsory. All students (including exchange students) are required to attend at least 70% of the scheduled teaching activities.

 

Student learning will be assessed through a combination of individual and group activities designed to evaluate the achievement of the intended learning outcomes.

• Student presentation (40%): Students will deliver an individual or group presentation on a topic related to the course. Assessment will be based on the quality and accuracy of the content, the ability to critically analyse the subject matter, the effective use of relevant sources, the clarity of the presentation, and the ability to respond to questions and engage in discussion.
• Multiple-choice test (50%): The multiple-choice test will assess students' knowledge and critical understanding of the topics covered during the course. Students will be required to demonstrate their understanding of the relevant legal framework and correctly identify and apply the key concepts addressed throughout the course.
• Active participation (10%): Active and informed participation throughout the course will contribute to the final grade. This component will take into account preparation for class, the quality of contributions to discussions, engagement in classroom activities, and constructive participation during presentations and related debates.

Teaching tools

Primary Textbook

Robert McCorquodale, Business and Human Rights.

Additional Reading

Further required and recommended readings will be made available before each lecture.

Teaching Materials

Lecture presentations and other supporting teaching materials will be made available to students through the Virtuale platform.

 

Office hours

See the website of Ludovica Chiussi Curzi