Business and Human Rights

Horizontality and the Constitutional Right to Equality– Recent Developments in the Jurisprudence of the German Federal Constitutional Court

Horizontality and the Constitutional Right to Equality– Recent Developments in the Jurisprudence of the German Federal Constitutional Court

Two recent decisions by the German Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) shed new light on the horizontal effects of the constitutional right to equality in private law relationships. The...
Historic South African Silicosis Class Action Settlement Approved

Historic South African Silicosis Class Action Settlement Approved

On 26 July 2019, the High Court approved a settlement between 20 goldmining companies operating in South Africa (including African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony Gold)...
Multinational Royal Dutch Shell summoned for insufficient efforts in combatting climate change

Multinational Royal Dutch Shell summoned for insufficient efforts in combatting climate change

Citizens and organizations around the world increasingly take their concerns regarding climate change to the courtroom. Such climate change or environmental (public interest) litigation so far has primarily been directed...
UK Supreme Court’s Vedanta Case – Hope for Zambian Communities Affected by Mining Pollution

UK Supreme Court’s Vedanta Case – Hope for Zambian Communities Affected by Mining Pollution

The recent UK Supreme Court case, Vedanta Resources Plc and another v Lungowe and others, affirms the principle that UK companies operating abroad owe a duty of care to those...
Gabriel Resources v. Romania: Local Residents as Third Parties in Investor-State Dispute Settlement?

Gabriel Resources v. Romania: Local Residents as Third Parties in Investor-State Dispute Settlement?

The Canadian corporation Gabriel Resources wanted to establish Europe’s largest gold mine in Rosia Montana, Romania. Local villagers and Romanian civil society resisted the corporation and the state, due to...
The Supreme Court of the United States denies absolute immunity to the International Finance Corporation in human rights case

The Supreme Court of the United States denies absolute immunity to the International Finance Corporation in human rights case

Last February 27th, a 7-1 majority of the United States Supreme Court held in Jam et al. v. International Finance Corp. that the IFC –the branch of the World Bank...
Business and Human Rights: A Tale of Two Duties

Business and Human Rights: A Tale of Two Duties

With effect from 29 March 2017, the French Loi de la Vigilance introduced into the Commercial Code a duty on large companies to carry out a risk assessment down their...
Grenfell: Human Rights and a Ban on Combustible Cladding?

Grenfell: Human Rights and a Ban on Combustible Cladding?

A number of key human rights issue arise following the Grenfell Tower Tragedy in which 72 people died, and many more were displaced. In December 2017 the Equality and Human...
In Unregulated Spaces: Empowering Female Migrant Workers from India

In Unregulated Spaces: Empowering Female Migrant Workers from India

On 4 May 2018, Sheeja Das, an Indian migrant worker, was forced to jump off her employer’s residence in Muscat, Oman, to save herself from on-going violence. Sheeja broke her...
A Masterpiece of Judicial Avoidance?   

A Masterpiece of Judicial Avoidance?  

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. (2018), the U.S. Supreme Court’s blockbuster case, has been decided. The questions in dispute: 1. Can a person, exercising religious...
 Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity

 Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity

The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence...
Internet Shutdowns: The Irony of a Digital Nation?

Internet Shutdowns: The Irony of a Digital Nation?

Between January to May (2018) alone, the Indian government imposed 55 internet shutdowns. An internet shutdown disrupts all electronic communications and services within a geographical location. Often, neither the reason...

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