abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb

This page is not available in Italiano and is being displayed in English

Article

1 Gen 2010

Author:
John F. Sherman, III, Harvard Kennedy School; Amy K. Lehr, Foley Hoag law firm, in CSR Journal, ABA Section of Intl. Law (American Bar Assn.)

[PDF] Human Rights Due Diligence: Is It Too Risky? [scroll to p. 6]

Due diligence can and should now be used to assess and reduce a business risk that was only explicitly recognized as a risk quite recently--corporate involvement in human rights abuse... Under this framework [of UN Special Representative John Ruggie], the business responsibility to respect human rights requires companies to conduct human rights due diligence... Conducting due diligence provides corporate boards with strong protection against mismanagement claims by shareholders, usually in the form of derivative lawsuits. [article addresses concerns that due diligence might increase risks from Alien Tort Statute claims, negligence claims, misrepresentation claims, confidentiality obligations; argument that conducting due diligence should result in immunity. Refers to apartheid reparations lawsuits, Chevron lawsuit re Nigeria, Unocal lawsuit re Burma, ExxonMobil lawsuit re Aceh, Nike v Kasky, UK OECD Guidelines cases involving Afrimex, Vedanta]

Part of the following timelines

ExxonMobil lawsuit (re Aceh)

Apartheid reparations lawsuits (re So. Africa)

Nike lawsuit (Kasky v Nike, re denial of labour abuses)

Unocal lawsuit (re Myanmar)

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.