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 Associations 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.
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
1From 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
2Corporate Lawyers and Climate Change: Perspectives from Professional Ethics
and Business and Human Rights
Jasmine Elliott and Boudewijn de Bruin
3Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual
Framework for Heightened Human Rights Due Diligence
Izabela Jdrzejowska-Schiffauer, Daria Nagaivska, and Jan
Minksztym
4The 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
5Shared Responsibility for Human Rights in the Algorithmic Age: Why Business
Should Be the Statesally to Eliminate Discrimination
Fabian Lütz
6Reasonable Accommodation as a Tool for States and Businesses to Cope with
the ungps
Morgane Ventura
7Venture Capital and Human Rights Due Diligence: Time to Act
Michel Jaccard and Christof Cardinaux
8Risk-Creating Industries Obligation to the Right to Health
Alice Bryk Silveira
9From 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
10Business and Human Rights: Issues of Private International Law
Andrea Bonomi
11Civil liability in the EU Corporate Sustainability Due Diligence
Directive: A Brussels Effect on International Investment Law?
Nicolas Bueno and Isidore Ngueuleu
12Is 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
13Human Rights Compliance in Investment Activities: Some Challenges from the
New Latin American Constitutionalism
Fernando Bruno Escobar Pacheco
14Interface 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
15Foreword 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
16Updated iba Guidance Note on Business and Human Rights: The Role of
Lawyers in the Changing Landscape
Index
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. (Pontifķcia 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".
