Enforcing International Human Rights Law Against Corporations

AUG

2023

Total Registrations: 13

Description

International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance, recognized that corporations can be liable for breach of customary international law norms while UK courts have enforced international human rights norms indirectly against corporations relying on a combination of domestic corporate and tort law.
At the same time, some states are choosing to enforce international human rights norms against corporations using regulatory initiatives. These initiatives, known as due diligence initiatives, vary in scope, but generally prescribe obligations for corporations in the respect of human rights. These initiatives offer greater promise than court enforcement of international human rights norms as states are often able to ex ante legislate the issues with which courts enforcing international human rights norms are struggling.
Nevertheless, while due diligence initiatives offer greater promise than court enforcement of international human rights norms, they are far from a panacea. The initiatives often lack the necessary elements to make them a superior tool – that is, their scope, reach or enforcement possibilities may be limited – and they tend to focus on risks to business rather than risks to human rights, among other limitations.
Given the complexities in addressing corporate abuses, adopting a plurality of approaches to mitigate corporate abuse of human rights is likely necessary. Court enforcement and due diligence initiatives are but two approaches, the latter more promising than the first, but neither offers an antidote to the malignancy of corporate abuse. For that, there is a need for greater transformation of the economy such that corporate harms of human rights and the environment are no longer business as usual.

Date and Time

Monday, 28th August 2023 12:30PM GMT+08:00

Monday, 28th August 2023 2:15PM GMT+08:00

Organisation

Faculty of Law

Contact Email

ewbclb@nus.edu.sg

Location

Federal Bartholomew Conference Room (Federal Building Level 1), NUS Bukit Timah Campus, 469G Bukit Timah Road

Our Event Speakers

Professor Barnali Choudhury

Barnali Choudhury is a Professor of Law and the Director of the Jack & Mae Nathanson Centre on Transnational Human Rights, Crime and Security at Osgoode Hall Law School and an Honorary Professor at University College London. Previously she was a professor at UCL and academic director of UCL’s Global Governance Institute. She is the author of numerous books and articles. She has given talks throughout the globe and is a media commentator. She has testified before British Parliament, spoken at the United Nations, and her work has been cited by governments, international organizations and arbitral tribunals.

Schedule

28/08/2023 12:30
Networking Lunch (Bento lunch provided for registrants)
28/08/2023 13:00
Presentation by Prof Barnali Choudhury
28/08/2023 14:00
Q&A
28/08/2023 14:15
End of event