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 

Teaching methods

Lectures and Presentations

Group Discussions and Debates

Case Study Analysis

Guest Lectures

Assessment methods

Multiple choice test + oral exam

Teaching tools

Primary Textbook: "Business and Human Rights" by Robert McCorquodale.

Further Reading provided before each lecture.

Prezi presentations of the lectures.

 

 

Office hours

See the website of Ludovica Chiussi Curzi