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Article

9 Mar 2017

Author:
Freshfields Bruckhaus Deringer LLP on Lexology

Commentary: Lawyers outline 5 trends for in-house lawyers to watch in business & human rights

"Five trends to watch in business and human rights in 2017", 6 Mar 2017

Once an issue for the CSR team, human rights risk response falls increasingly under the purview of the general counsel...With the Corporate Human Rights Benchmark pilot results soon due for release, we...outline notable trends in the evolving business and human rights landscape...We now explore five, key trends in business and human rights for 2017...Continued expansion of mandated disclosure regimes and enhanced corporate disclosures...Corporate rankings mechanisms will continue to gauge and create competitive tension in corporate human rights performance...We highlight the Corporate Human Rights Benchmark (CHRB) in particular...The legal risks for businesses will increase...Plaintiffs’ lawyers have long explored ways to hold multinationals accountable for direct and indirect involvement in alleged abuses associated with the full range of human rights, with often damaging commercial, operational, and reputational consequences...We finally note the use of human rights arguments in state responses in bilateral investment treaty (BIT) arbitration to justify measures taken against investors.  As a result, arbitral tribunals are increasingly being asked to weigh human rights considerations...