Business and Human Rights as Law

Towards Justiciability of Rights, Involvement, and Remedy

Yousuf Aftab and Audrey Mocle (LexisNexis 2019)

Business and human rights is rapidly emerging as a legal discipline in the wake of global developments in legislation, litigation, and international law. But the contours of corporate risk and the evolving legal standard of care remain shrouded in uncertainty. This innovative text shows lawyers how to unravel the ambiguity.

Synopsis
law

What are the human rights-related legal risks facing global business?

A global survey of trends in litigation, legislation, and international law related to corporate human rights governance and risk management.

Synopsis
rights

What is an adverse human rights impact?

International human rights law is conceived to bind governments. We analyze how human rights can reasonably and practically be translated into a purely private context, to shape business responsibility in principled way.

Synopsis
involvement

What do cause, contribute, directly linked, and omission mean?

The involvement terms are not self-evident. We conduct a multidisciplinary investigation of their practical meaning to provide principled certainty regarding which adverse human rights impacts businesses are expected to foresee, identify, and address.

Synopsis
remedy

How can observers assess whether a remedy is effective and rights-compatible?

Remedy is critical to business respect for human rights. We explore how to evaluate the effectiveness of operational-level grievance mechanisms and the rights-compatibility of business-provided remedy, drawing on our assessment of Barrick Gold’s mechanism in Papua New Guinea.

Synopsis

“We endeavour to a principled, transparent, and replicable method to unravel the concrete implications of the Guiding Principles qua source of law, for that is what all auguries suggest they are becoming.”