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Focus on Regulation

Category Archives: Business and Human Rights

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A binding treaty on business and human rights? Still a way to go.

Last week (23-27 October 2017), the third round of negotiations on a binding international treaty on business and human rights concluded.  In this post we consider what (if any) progress has been made and what the sticking points are. By way of background, the UN Guiding Principles on Business and Human Rights (the “UNGPs“) currently

Textile factory safety claims proceed to arbitration under the Bangladesh Accord

In a landmark ruling by an arbitration tribunal last month, claims against two global fashion brands under the 2013 Accord on Fire and Building Safety in Bangladesh (the “Bangladesh Accord“) were declared admissible and allowed to proceed to arbitration under the auspices of the Permanent Court of Arbitration in The Hague (the “PCA“). The Bangladesh

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528).  The judgment increases the likelihood that cases will be brought in the English courts against UK domiciled companies in relation

The responsibility to respect human rights in the banking sector

The question of how the UN Guiding Principles on Business and Human Rights (UNGPs) should apply to the banking and financial services sector is one that is attracting increasing attention. Indeed, the dialogue has intensified in recent months between UN bodies responsible for interpreting and implementing the UNGPs and representatives of the financial community, including the Thun Group (an informal group of bank representatives focused on understanding the application of the UNGPs to the banking sector).

Arbitration: a new forum for business and human rights disputes?

As the international community turns its focus to the third pillar of the UN Guiding Principles on Business and Human Rights – “Access to Effective Remedy” is the central theme of the upcoming 2017 UN Forum on Business and Human Rights – a working group of international law specialists has published a proposal to use arbitration to resolve disputes arising out of human rights abuses involving businesses (BHR disputes).