Commentary: 4 trends in business & human rights remedies corporate lawyers should be aware of

Author: Julie Bédard, Lea Haber Kuck, Timothy G. Nelson; Skadden, Arps, Slate, Meagher & Flom LLP on JD Supra (USA), Published on: 13 February 2017

"Business and Human Rights Movement Spurs Development of Remedial Options", 8 Feb 2017

...As noted in the recently published IBA Practical Guide on Business and Human Rights for Business Lawyers, while the UNGPs...“are increasingly reflected in public policy, in law and regulation, in commercial agreement, in international standards that influence business behavior, in the advocacy of civil society organisations, and in the policies and processes of companies worldwide.”  With respect to the call for effective remedies, divergent proposals have been advanced, largely independent of one another, and corporate actors and their lawyers should be aware of key developments in this area.  In many instances, national courts have restricted claims by citizens (or groups of citizens) concerning personal injuries and/or violations of basic human rights...One nonjudicial proposal calls for the creation of a private international arbitration system...which would be similar to the one currently used for international commercial business disputes...[A]s private and corporate actors continue to adopt initiatives to promote compliance with human rights in the countries in which they operate, divergent proposals for a mechanism to remedy alleged violations of those rights will continue to be put forth.

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