Business and human rights

Emerging in the 1970s as part of Brazil's energy infrastructure development plans, the Belo Monte dam project has been a hot topic throughout the years. With decades of legal battles, the construction eventually started in 2011 and was inaugurated at its full capacity in 2019. But how did power dynamics and social inequalities shape the trajectory of the Belo Monte Dam project? By conducting a deep thematic analysis, drawing from multidisciplinary frameworks such as Political Ecology Theory, Post-colonialism, and perspectives from scholarly discourse, this thesis delves into the intricate connections of how power dynamics intersect with political, environmental, and economic dimensions and finally how these contribute to the decision-making process of major infrastructure projects such as the Belo Monte Dam. By creating a historical timeline, leading up to the inauguration and later on analyzing the major events from the multi-/interdisciplinary perspectives presented throughout, the thesis sheds light on the interplay of the power dynamics and social inequalities shaping the project's trajectory. The thesis ultimately reveals a complex narrative marked by historical colonial legacies, political maneuvering, as well as a globalizing governance prioritizing development and economic interest over environmental and social concerns.

Resumen Este artículo tiene como objetivo contribuir al estudio de la represión a trabajadores durante la última dictadura cívico-militar argentina (1976-1983). En primer lugar, se sintetizarán los principales aportes y avances sobre el problema, procedentes de los ámbitos judicial y académico. Luego, tomando el caso de los obreros de la yerbatera correntina Las Marías, analizado en el informe Responsabilidad empresarial en delitos de lesa humanidad, se buscará dar cuenta de la potencialidad de los testimonios de trabaja-dores-tanto entrevistas realizadas especialmente con el fin de analizar estos procesos, como testimonios brindados en instancias judiciales y administrativas-para reconstruir la especificidad de la represión como medio de desarticulación de la organización sin-dical. Sugerimos que los testimonios constituyen una vía privilegiada para pensar la represión sufrida por los trabajadores, así como su vinculación con la conflictividad laboral; y también la responsabilidad ...

It has been challenging for businesses to identify relevant stakeholders for corporate social responsibility. This article assesses how current laws in Tanzania identify stakeholders and whether such identification aligns with international frameworks. The article adopted doctrinal research to critically examine the structure, certainty, and scope of laws in identifying relevant stakeholders. Then, the article comparatively analysed the laws of Tanzania and their alignment with international frameworks. It is found that current laws identify government actors, employees and potential victims of business activities as relevant stakeholders based on the impact and inclusive bases. However, such identification falls short of international standards because it is narrow-based, government-centric, ambiguous, and lacks a requirement for regular review and updating. Consequently, other relevant stakeholders, including consumers and local communities, are often excluded from corporate social responsibility, ultimately diminishing their role in promoting responsible business practices for sustainable development in Tanzania.

Despite growing awareness of corporate social responsibility (CSR), there is no consensus on its definition. This paper investigates whether a standardised definition of CSR is necessary for its legal enforcement in Tanzania. The paper employed doctrinal legal research to examine the CSR legal framework and identify challenges that a standardised definition of CSR can resolve. The findings highlight that while the meaning of CSR is not in dispute, the definition of CSR remains a subject of debate, ultimately contributing to poor CSR practices in Tanzania. Moreover, the existing CSR legal framework in Tanzania has significant challenges, and having a standardised definition is a key step towards addressing them. Although the paper finds that a standardised definition of CSR is not a complete panacea for challenges in performing CSR obligations, it does contribute to implementing CSR goals.

In Africa, minerals constitute the most valuable exports; however, mining activities have little contribution to the household economy and have adverse effects on the environment. The study on the assessment of the environmental and socioeconomic effects of mining activities was done in Mirerani, Simanjiro District, Tanzania. A qualitative approach was employed in this study to analyze the problem under investigation. Purposive sampling and random sampling was used to obtain a sample size of 70 respondents. The collection of data involved questionnaire survey, interview and participants observation. Findings of the study showed that although mining activity is the main stay of the people residing in the district, this activity has meager contribution to the household economy and social development. In addition, deforestation, soil erosion, digging of pits, noise and dust, illegal hunting, flooding and production of rock wastes are the main types of environmental effects of Tanzanite mining activities within the district. This result calls for the Government of Tanzania to revisit the mining investment policies and laws to stimulate the economy and protect the environment surrounding the mining areas. This will increase the household economy of the people in Simanjiro district at the same time conserving the surrounding environment for the benefit of the country.

This article destabilizes conventional public, policy, and academic discourses that analyze the textile and clothing industries in São Paulo through frameworks like the supply chain, value chain, and sweatshop. It argues that these abstract and linear frameworks tend to obscure the daily practices and lived realities of capitalism within the sector. Instead, the article uses an ethnographic approach, drawing on the narratives and experiences of small business stakeholders who are often absent from these dominant accounts. It analyzes the contributions and limitations of the three frameworks and introduces the concept of "ecosystems" to capture the complex, fluid, and relational nature of the industries, which research participants described as "an organised mess". The research aims to contribute a perspective that unsettles existing frameworks and establishes knowledge relations that highlight both the convergence and discrepancy between them. The article is structured to first analyze the dominant frameworks, highlighting their strengths and limitations, and then introduces the concept of ecosystems based on ethnographic insights. Subsequent sections delve into key dynamics of this "organised mess," including the diversity of business models, the uncertainty in production and labor relations, and the role of trust and moral values. The conclusion reflects on how these insights challenge established narratives and provide a more nuanced understanding of the São Paulo garment sector.

Indonesia ranks number 1 for police corruption in Southeast Asia according to the Police Corruption Perceptions Index 2024, with a score of 7.56. Thailand and the Philippines follow with slightly lower scores. Singapore, on the other hand, ranks far below with a score of 2.10, indicating a much lower level of police corruption. Reports from Komnas HAM, AMAN, and KontraS also highlight the high number of cases of violence and human rights violations involving Indonesian police during the 2014-2024 decade, including abuse, torture, arbitrary arrests, and extrajudicial killings that continue to recur. Compared to some neighboring countries, the level of police violence in Indonesia is relatively high and systemic, accompanied by a strong culture of impunity. Indonesia has experienced several serious cases that significantly affect democracy and human rights. Other ASEAN countries also face restrictive challenges but with varying intensity and impactfor example, the Philippines with its controversial anti-drug campaign, and Thailand with human rights violations related to national security. However, Indonesia falls into the category with the highest record of police human rights abuses and corruption. Some ASEAN countries, such as Singapore and Malaysia, have lower levels of police violence and corruption, supported by stricter internal oversight and higher accountability. In summary, compared to other Southeast Asian countries, the Indonesian National Police show a relatively high level of brutality and corruption, indicating the need for fundamental reforms to make the force more professional, humane, and transparent in serving the public. This information is based on reports from independent survey institutions, human rights organizations, and the latest regional police oversight data up to 2024.

1.1 Historical Background of Nigeria's Oil Fiscal Regime • From the 1970s, Nigeria's petroleum contracts (Joint Ventures, Production Sharing Contracts, Service Contracts) were designed around two variables: • Cost recovery (operators recouping exploration/production expenditure). • Profit sharing (government and International Oil Companies (IOCs) sharing residual oil/gas).

The United Nations Protect, Respect and Remedy Framework and its Guiding Principles were adopted at the back of a long history of failed UN attempts to deal with corporate-related human rights abuses and ineffective corporate initiated voluntary measures. The need for the Framework and Guiding Principles was heightened by the current climate of neo-liberal globalisation which allows powerful multinational corporations to operate in countries that are sometimes unable to rein them in due to various factors, including sheer corruption; the need to attract and retain foreign direct investment; and archaic legal systems that are unable to deal with intricate corporate structures. This article critically examines the availability of remedies for victims of corporaterelated abuses who, for one or more of the above reasons, are unable to access justice in the host state and look towards the home state for a remedy. It argues that by failing to address hurdles to accessing home state remedies, such as the principle of forum non conveniens, state sovereignty, separate legal personality and limited liability, the Framework and Guiding Principles have failed to clearly define circumstances under which, and means by which, multinational corporations will be held liable under the laws of their home states for human rights violations committed beyond their home borders -by their subsidiaries or so-called 'foreign hands'. Consequently, victims are likely to be without remedies which are unavailable in the host state. Thus, for victims of corporate-related abuses, the more things change, the more they stay the same.

Despite the global prohibition of slavery and the widespread implementation of legal frameworks to combat forced labour, this illegal practice remains widespread, particularly in complex global supply chains. Given this worrying scenario, exacerbated by the expansion of cross-border manufacturing, this study critically examines the effectiveness of existing laws in addressing forced labour in supply chains, with a particular focus on international legal instruments and Brazil's anti-slavery legislation. Brazil was chosen as a case study due to its comprehensive and robust legal framework against forced labour, but persistent incidence of modern slavery cases. Using the traditional research method, this paper conducts a conceptual and theoretical analysis of Brazilian anti-slavery laws, incorporating an examination of relevant international and national legislation, case law and treaties. By examining the Brazilian case study, this article aims to provide valuable insights for other developing countries facing similar challenges. It demonstrates that modern slavery persists in environments where legal enforcement is weak, public institutions are ineffective, and institutional support is lacking.

RESUMEN Se formula una propuesta hermenéutica referente a la regulación de los proyectos de inversión con efectos o potenciales efectos sobre comunidades indígenas. Esta propuesta sistematiza estándares de cumplimiento y enfoques culturalmente pertinentes, conforme el derecho humano al medio ambiente sano y el derecho humano a la identidad cultural, articulando las fuentes desde los niveles internacional y regional interamericano, para la protección de comunidades indígenas y respectivos territorios ambientalmente relevantes. Con base en dicha propuesta, se realiza un análisis crítico de jurisprudencia chilena en materia ambiental (competencia técnica ambiental o constitucional). Luego, se identifican brechas de cumplimiento, de origen Este trabajo está sujeto a una licencia de Atribución-NoComercial 4.0 Internacional (CC BY-NC 4.0).

This study analyses the law and regulations pertaining to slavery in supply chain. The questions of this study would first analyze if there were any existing laws pertaining to slavery under the supply chain department in Pakistan. Then it would analyze the timeline of when did modern slavery get integrated into supply chain. Even if legal regulations exist, their implementation faces challenges and to overcome these challenges, the regulations need to be understood. The first question would allow a better understanding of these laws, and the data collected would explore the usefulness of them. However, as discussed earlier the existence and usefulness of these laws is one thing and their proper implementation is another. The third question will dive into the obstacles and challenges of the implementation of these laws. Without proper implementation these laws hold no significance. If anti-slavery measures are not taken into account, then the Pakistani business industry would not be up to par on the human rights and the EU standards of working. This would affect the supply chain industry very negatively as people around the world would be unwilling to engage in any business activities with the Pakistani business industry due to their working standards. The findings of this study would shed light over these regulations and the working standards by providing reliable results achieved through multiple primary and secondary sources and explaining them so that companies can understand them and improve their working standards in this regard. The fourth question of the study would focus on ways that can improve the anti-slavery measures and implement the laws in a better way. This would help the supply chain industry understand how they can mitigate the risks of modern slavery in their practices and enforce more accountability in the Pakistani supply chain.
Keywords: Business anti-slavery, Business anti-slavery law, Business law and regulations, Modern slavery in supply chain, Pakistani supply chain, Supply chain, Supply chain laws, Supply chain slavery laws.

The relevance of the article is due to ignorance of legal traditions and lack of sufficient theoretical and practical basis for legal inheritance make it impossible to complete the formation of a coherent and stable legal system since it is based not so much on borrowing but on one's own legal experience as is built on centuries-old legal traditions as well as modern achievements of legal realities. The object of the study is public relations that cannot be settled through standard means of regulation. The article deals with the categories "legal tradition" and "anomaly of the legal sphere". The method of comparison, the dialectical method, the logical method, the method of analysis and the method of synthesis, the method of deduction in the writing of this scientific work were used. As a result of the study, the authors made the following conclusions. To normalize the anomalies of the legal sphere and accelerate their adaptation in the legal field, the legis...

The author would like to thank the following individuals and institutions for their help and collaboration in carrying out the study. Firstly to Prof. André J. Hoekema from the UvA and Eelco de Groot from Cordaid for their supervision of the study, to my colleague Joris van de Sandt and Patrice Etoungou, who do the similar research on environmental degradation, natural resources and violent conflict in indigenous habitat in San Marcos-Guatemala and Bayaka-Central African Republic. Thank you also to my collaborators Sujono, Herbet Pane, Emerikus Icin (SPKS), Elias Ngiuk (ID) and Norman Jiwan (Sawit Watch) that helped me in doing the data collection as well as those who contribute their thought and their writing in this report. Especially to John Bamba the director of Institute Dayakology and Rudy Lumuru as well as Abetnego Tarigan from Sawit Watch which also gave comments on the earlier draft. Thanks for those who gave input during the collaborators workshop in Pontianak 2008; Nico Andasputra (ID), Abdias Yas (LBBT), Laili Khainur (Gemawan), Sekundus (GRPK), Alexander Cion (SPKS Sanggau), Ibu Rini (SPKS Sanggau), Yohanes RJ (CU Keling Kumang), Aloysius Surjani (AMA-Kalbar), Julia (ID) etc. Thanks to all the resource persons;

The European Court of Human Rights has, in specific circumstances, interpreted the Convention in a manner that extends the protection provided under civil and political rights into the socioeconomic sphere. Additionally, in obiter statements, the Court has alluded to the possibility that ‘a wholly insufficient amount of pensions and other benefits’ would ‘in principle’ violate the Convention, namely Articles 2, 3 and 1 Protocol 1 ECHR. This statement also appears in recent admissibility decisions where applicants unsuccessfully challenged austerity measures adopted to give effect to conditionality agreements in states facing a debt crisis. The article examines whether with this statement the Court is suggesting that states must adhere to a minimum threshold of welfare protection, thereby protecting all individuals in their jurisdiction from the destitution that may arise from austerity policies. The article concludes that the Court’s approach in cases where welfare reductions are un...

This paper analyses the legislative technique adopted in the SA to refer to fundamental rights in defining the obligations of private entities. First, it introduces the horizontalising effect of fundamental rights brought about by these new obligations, drawing a comparison with other EU legislative initiatives. Second, it looks at two questions raised by the horizontalisation of fundamental rights in the SA, i.e. what elements should guide the balancing between fundamental rights and the other interests at stake in this context, and how far should the obligations of online intermediaries go. By answering these two questions, this paper concludes on the factors that should be taken into account in understanding the horizontalisation of fundamental rights under the SA, and how they could guide the interpretation of the relevant obligations for online intermediaries. * L'articolo è stato sottoposto, in conformità al regolamento della Rivista, a referaggio "a doppio cieco".

Il testo esamina l'evoluzione del diritto ambientale a livello internazionale, tracciando le sue fasi dalla nascita all'attuale consapevolezza della sua natura non settoriale. Viene evidenziato il passaggio da un approccio frammentato a una visione sistemica, con l'affermazione dell'interesse ambientale come primario e l'introduzione di nuovi principi come quello di precauzione e di responsabilità estesa del produttore. La discussione include l'emergere del concetto di sviluppo sostenibile, illustrato attraverso importanti conferenze ONU come Stoccolma e Rio, e si concentra sull'Agenda 2030 e i suoi Obiettivi di Sviluppo Sostenibile. Infine, il documento affronta le violazioni dei diritti umani e del lavoro, con un focus sul lavoro minorile nelle miniere di mica in Madagascar e India, e le risposte normative e aziendali a queste problematiche globali.

Before: OAKES, LEVAL and POOLER, Circuit Judges. Appeal from the judgment of the United States District Court for the Southern District of New York (Wood, J.) dismissing on forum non conveniens grounds suit under the Alien Tort Claims Act against foreign corporations alleged to have participated with the Nigerian government in human rights violations committed in Nigeria. The Court of Appeals (Leval, J.) holds (1) the district court's exercise of personal jurisdiction over the defendants was appropriate, but (2) the district court erred in dismissing on forum non conveniens grounds, in failing to give proper consideration to the choice of a U.S. forum by U.S. resident plaintiffs and to the interests of the United States in providing a forum for the adjudication of claims alleging international human rights abuses.

Legal Opinion ini disusun sebagai respons atas permintaan KLHK untuk memberikan pandangan hukum terkait status hukum putusan Mahkamah Agung terhadap PT Bumi Mekar Hijau (BMH) dalam kasus kebakaran gambut tahun 2014, serta konsekuensi eksekusi, kewajiban pemulihan lingkungan, potensi litigasi lanjutan, rekomendasi administratif terhadap izin usaha, dan urgensi partisipasi masyarakat dalam proses pemulihan. Mahkamah Agung telah menjatuhkan putusan inkracht yang menghukum PT BMH membayar ganti rugi Rp 16,2 triliun dan memulihkan lingkungan, namun hingga kini eksekusi belum tuntas. Legal Opinion ini menyajikan analisis berbasis hukum acara perdata lingkungan, peraturan lingkungan hidup, dan prinsip-prinsip hukum lingkungan internasional serta memberikan rekomendasi konkret untuk optimalisasi penegakan hukum dan perlindungan masyarakat terdampak.

Any exploration and exploitation of deep seabed minerals require a decision by a national government. Decisions to grant sponsorship for an ISA contract or to issue a national license over deep sea minerals is amenable to judicial review claims by various interested parties. In such case, when can a sponsorship decision be quashed due to a failure to consider the marine environment's protection?

In the attached paper, I look at the situation from the viewpoint of English administrative law - where unincorporated international treaty provisions from UNCLOS cannot be invoked as grounds for judicial review claims. Instead, two other potential grounds are identified: 1) failure to respect s 5 of the Deep Sea Mining Act 1981 that the government "shall have regard to the need to protect (so far as reasonably practicable)” the marine environment, 2) violation of international customary law concerning the protection of the environment.

Unfortunately, s 5 in the DSM Act 1981 does not explain whether "the need to protect" the environment includes the obligation to consider the rules of international environmental law related to UNCLOS. In 2014, proposals to amend the DSM Act in that sense were rejected because the government considered that "we do not believe that the amendment would add anything to the legislation."

Additionally, a claim based on customary international law (for example to failure to conduct an independent EIA prior to sponsorship) may be hampered by the indeterminacy of custom as well as by the erroneous interpretation of that concept by past decisions.

In Framhein v Attorney General of the Cook Islands [2022] UKPC 4, the Privy Council considered the government's failure to complete its own EIA prior to granting fishing rights under a total allowable catch set by a regional fisheries organisation. The Privy Council came to the baffling conclusion that the international customary obligation to conduct an EIA does not apply to harm affecting the high seas. This was because prior ICJ decisions such as Pulp Mills and Costa Rica v Nicaragua considered only environmental harm moving from one state to the other.

In conclusion, the litigation of DSM claims before national courts may not be very easy. This is particular the case in dualist legal system which have not transposed fully the international legal framework applicable to deep seabed mining.

Despite having a range of minerals, some significant reserves and government support for investment in mining activities, Turkey's mining potential is largely untapped. 77 out of the 90 minerals that are traded worldwide can be extracted in Turkey. Turkey has rich or very rich deposits for 50 of those minerals. Turkey's strong tectonic and magmatic history has resulted in these rich underground reserves. The most important minerals explored and extracted in Turkey are: boron salt, perlite, marble, pumice, feldspar, bentonite, barite, magnesite, sodium sulphate, rock salt, trona, gypsum, strontium salts, sepiolite, zeolite, olivine, asbestos, dolomite, emery, and lignite. Other minerals extracted and explored in Turkey include chromium, copper, zinc, lead, silver and gold. Turkey has:-72% of global boron reserves.-33% of global marble reserves.-2.5% of global industrial raw materials.

El presente capítulo tiene un doble objetivo. Por un lado, aporta elementos que permitan determinar la viabilidad del derecho penal y la justicia penal como un mecanismo de responsabilidad jurídica a ser contemplado y reforzado en las disposiciones del futuro tratado sobre las empresas y los derechos humanos. Por otro lado, analiza la responsabilidad penal de las empresas desde la perspectiva de los Estados latinoamericanos y las potenciales implicaciones para ellos de una posible disposición de responsabilidad penal integrada en el futuro instrumento internacional.

El objetivo de la presente contribución es reflexionar y examinar el potencial alcance y los efectos jurídicos, a nivel internacional y nacional, de los posibles pronunciamientos del Comité de expertos en materia de empresas y derechos humanos, con el fin de asegurar que los Estados cumplan sus obligaciones internacionales para la protección de los derechos humanos frente a las actividades empresariales, así como para la reparación de abusos corporativos cometidos, tanto dentro, como fuera del territorio de un Estado Parte del futuro tratado y su Protocolo facultativo.

A pesar del potencial impacto positivo a nivel económico y social, las actividades de las empresas transnacionales que operan en América Latina suponen en muchas ocasiones un reto para el pleno disfrute de los derechos humanos laborales. Los países de la región presentan preocupantes datos en relación con aspectos como el trabajo forzoso, el trabajo infantil, la seguridad laboral o la discriminación en el entorno de trabajo. En este contexto, este artículo trata de analizar en qué medida la implementación de la diligencia debida empresarial obligatoria puede convertirse en un mecanismo eficiente para fomentar el respeto de los derechos humanos laborales en el contexto de las actividades empresariales desarrolladas en América Latina. Para dar respuesta a esta pregunta, se estudia de qué manera el Sistema Interamericano de Derechos Humanos promueve la aplicación por parte de los Estados de mecanismos de diligencia debida, así como distintas iniciativas legislativas a nivel nacional.

Nos encontramos ante un panorama de litigación en materia de empresas y derechos humanos complejo, cambiante y que evoluciona conforme se avanza en el entendimiento de la obligación de los Estados de proteger los derechos humanos frente a las actividades empresariales y de la responsabilidad de las empresas de respetar los derechos humanos. Por ello, aunque no es posible generar un arquetipo de los litigios en materia de empresas y derechos humanos, es posible identificar un origen común en este tipo casos (las lagunas de la gobernanza en la conducta empresarial responsable), así como algunos elementos –y obstáculos- similares que coinciden en varios litigios.

el presente capítulo examina, desde la perspectiva de empresas y derechos humanos, el caso Milieudefensie et al. v. Royal Dutch Shell plc. Este caso se ha convertido en un referente no solo porque es el primero en el que se ordena a una empresa privada que cumpla un objetivo específico de reducción de emisiones de GEI, sino porque la sentencia de este caso proporciona un primer intento autorizado de aclarar la responsabilidad climática de las empresas a través de una interpretación holística de los Principios Rectores sobre empresas y derechos humanos, el Acuerdo de
París y la ciencia del clima.

This piece aims to assess the potential contribution and the scope and structure of a Catalan Centre for Business and Human Rights to supervise the fulfilment of the corporate responsibility to respect human rights and to hold businesses operating in Catalonia accountable for human rights abuses within the autonomous community and abroad. It also examines how this proposal fits into the regional and national regulatory landscape for mandatory human rights due diligence.

Workplaces have been increasingly promoted as key sites for HIV interventions, with costbenefit analyses employed to demonstrate the financial benefits to employers for implementing workplace HIV programmes. In these analyses, the potential costs of having HIV positive employees are weighed against the costs of the workplace programmes. Despite evidence that shows some firms have saved significant sums of money through these interventions, the general response from the private sector has been limited, with most positive case studies originating from high prevalence settings. This article reports findings from qualitative fieldwork conducted in Tanzania with private and public sector employers that aimed to understand how HIV was addressed in their organisations. Our findings suggest that HIV is not generally a serious issue, and hence HIV interventions are primarily ad-hoc with few formal HIV workplace programmes. We also found that in cases where compulsory testing programmes were implemented, employees did not turn up for testing and thus lost access to employment. Our findings suggest that relying on workplace programmes in lower prevalence settings is no substitute for investment in public health systems. Employer interventions should emphasise education and awareness, condom distribution and the promotion and provision of self-testing kits.

This encyclopedic entry on war crimes provides insights into their definition, historical development, and application in major international criminal trials. As some of the gravest offenses under international law, war crimes involve serious violations of international humanitarian law committed during armed conflict. Defined in Article 8 of the 1998 Rome Statute, they include targeting civilians, torture, and using child soldiers. Rooted in ancient norms and shaped by Grotius, the Lieber Code, and the Hague Conventions, the concept evolved significantly through the 1949 Geneva Conventions and the 1977 Additional Protocols (APs), which extended protections to civilians and non-international conflicts. Enforcement by tribunals like Nuremberg, ICTY, ICTR, and the ICC has established clear jurisprudence, affirming individual criminal responsibility and refining the legal elements of war crimes.

This guide provides a detailed step-by-step explanation of how to adopt the best international and national standards on the subject. It also provides a roadmap for undertaking a process of continuous improvement in order to prevent and address the adverse impacts that your business activities may have on human rights.

The article examines the consequences of the legal constitution of the business enterprise as a human rights-bearing entity for the ECHR’s conception of a democratic society. Drawing on case law of the European Court of Human Rights, it analyses the relationship between corporate free speech rights and democracy through the lens of individual and statal analogies to corporate personhood, as embedded in the liberal public/private divide. While individual analogies attribute human rights to business enterprises as (aggregates of) natural persons, statal analogies frame the relationship between business and human rights in terms of a rearticulation of state power and authority in society. It is argued that neither individual nor statal analogies provide a convincing justification for the human rights of business enterprises. Instead, both approaches result in a reinterpretation of political rights as market freedoms, thereby transforming the boundaries of liberal democracy.

Quando o rompimento da barragem de Fundão, em Mariana/MG, despejou milhões de metros cúbicos de rejeitos sobre o Rio Doce, deixou um rastro de destruição, dor e incerteza. Quase uma década depois, os impactos ambientais e sociais ainda persistem, e a busca por justiça continua. Mas por que os processos que envolvem tragédias dessa magnitude são tão lentos e complexos?Neste livro pioneiro, resultado de uma pesquisa aprofundada, a comunicação nos processos estruturais é apresentada como peça-chave para garantir maior transparência, participação popular e eficiência na resolução de litígios de alta complexidade. A obra investiga como o Poder Judiciário se comunica – ou deixa de se comunicar – com os cidadãos afetados e as possíveis soluções práticas para um sistema mais acessível, dialógico e eficaz. Para quem busca compreender como a comunicação pode transformar a justiça em momentos de crise, a obra traz uma abordagem inovadora, com reflexões e propostas para garantir que, em meio ao caos, os direitos fundamentais não sejam apenas reconhecidos, mas efetivamente assegurados.

In its advisory opinion pronounced on 19 July 2024, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, affirmed that the Israeli occupation of Palestine is unlawful in its entirety in light of the ban on the use of armed force and the principle of self-determination of peoples. As a result, States must ‘abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory’ and must ‘take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory’. This paper discusses how these conclusions affect corporate activities in occupied territory, with specific reference to those activities pertaining to the exploitation of natural resources, including energy resources.
The first step is identifying which are the rules of international law at stake. In relation to corporate activities that is attributable to a state (for instance, for state corporations), these activities are affected by a number of rules of international law. Under the Four Geneva Convention, states have obligations to ensure that Israel ensure respect for international humanitarian law. Since the ICJ advisory opinion has considered that the Israeli occupation violates international humanitarian law, states must abstain from corporate relations that can support the violation of international humanitarian law rules by Israel. In particular, Article 55 of the Hague Regulations, as interpreted by the ICJ, states that an occupying power can only exploit natural resources in the occupied territory for the benefit of the local population and without depleting the resource. Article 43 of the Hague Regulations provide that the occupying power cannot alter the law in force in the occupied territory. Accordingly, States must abstain from corporate relations with Israel if concessions on natural resources are not provided following the law in force in Palestine before the occupation, if there is a serious risk that the resources are not employed for the benefit of the local population, and if there is a serious risk that said resources are depleted by the exploitation.
As a matter of law of state responsibility, the ICJ has considered that Israel has violated peremptory rules of international law in relation to the occupation of Palestine, which is unlawful in its entirety. According, all States in the world have obligations under Articles 40 and 41 of the International Law Commission’s Articles on State responsibility not to recognise the unlawful situation created and not to support the unlawful Israeli occupations. In relation to corporate activities, this means that States must entirely refrain from corporate relations with Israel as long as these relations pertains to the Occupied Palestinian Territory. This obligation, based on the principle of self-determination of peoples and the ban on the use of armed force, is in line with the approach adopted by the Court of Justice of the European Union, which declared that the duty not to recognise the legality of Israeli presence in occupied territory results in a duty not to recognise as made in Israel products from the Israeli settlements. Similarly, in relation to Western Sahara, the Court of Justice of the European Union declared that trade agreements with Marocco cannot apply to the territory of Western Sahara, which does not belong to Marocco. Transposing these legal principles to the advisory opinion and energy resources, international law prohibits States to enter in any agreement or contract with Israel in relation to energy resources located in the Occupied Palestinian Territory (including its maritime territory, which is rich of natural gas).
In relation to corporate activities, the advisory opinion of the ICJ does not impose direct obligations. However, the Court affirmed that States have a duty to prevent that corporations located in their territory engage in trade activities with Israel that may result in the assistance of the occupation and in its recognition as legal. As a result, States have a duty of vigilance in relation to corporate activities involving energy resources in the Occupied Palestinian Territory. Such a duty is governed by due diligence.
All in all, this complex web of international law rules on direct State corporate activities and State responsibility for corporate activities in relation to energy resources in the Occupied Palestinian Territory aims at protecting the self-determination of the Palestinian people (a rule that includes its permanent sovereignty over natural resources). These rules can be used to challenge the involvement of a State in corporate activities pertaining to Palestinian natural resources, or the lack of due diligence to prevent that corporation located in the State’s territory infringe Palestinian self-determination.

The Kurya people of Tanzania, particularly in the Mara Region, have long suffered from systematic injustices in land and resource distribution. These injustices are rooted in colonial dispossession, post-independence policies, and weak legal protections for customary land ownership. The failure of existing laws and policies to protect customary ownership has allowed land grabbing, forced evictions, and economic exclusion to persist, leaving the Kurya people with diminishing access to their ancestral resources. This paper applies Robert Nozick's Entitlement Theory as a framework for addressingg these historical injustices. Nozick's libertarian approach emphasizes justice in acquisition and voluntary exchange. He also acknowledges that if past acquisitions were unjust, corrective measures are necessary to restore rightful ownership. The paper argues that the Tanzanian government must undertake a comprehensive historical review of land acquisitions and transfers to rectify injustices. It recommends a historical review of injustice through rectification to recognize customary land tenure, restitutionon of wrongfully acquired land to ensuring that local populations benefit from their resources.

Certaines entreprises peuvent profiter économiquement des conflits armés.
Quelles sont leurs obligations en matière de droits de l’homme et à quel risque de responsabilité légale s’exposent-elles? Hormis des obligations minimales découlant du droit international humanitaire, les entreprises ont la responsabilité de respecter les droits de l’homme sur la base des Principes directeurs des Nations Unies relatifs aux entreprises et aux droits de l’homme. Dans les conflits armés ou les zones à haut risque, cette responsabilité requiert l’exercice d’une diligence «renforcée» (heightened due diligence) qui est devenue la principale norme de conduite pour toute entreprise opérant dans ces contextes. En omettant d’exercer cette diligence renforcée, l’article suggère qu’elles s’exposent à un risque accru de responsabilité légale et analyse à cet égard les affaires Argor et Lafarge. L’article conclut avec des recommandations pour le législateur suisse et tribunaux amenés à se déterminer sur la responsabilité civile ou pénale d’entreprises opérant dans des conflits ou zones à haut risque.

The Equator Principles (EPs) for project finance were launched 10 years ago. These 10 years of existence can be equated to the phase of an adolescent still seeking to establish relevance in an atmosphere of flux and uncertainty. Equator Principles Financial Institutions (EPFIs) have increased from the original 10 founding members to 78 members as of November 2013, responsible for about 80 percent of the global project finance. This demonstrates that environmental and social assessment of projects is increasing in global adoption and scope. The analysis in this paper demonstrates that the EPs strive to redefine social and environmental assessment practices in order to integrate environmental and social needs into project assessments. On the other hand, critics reason that without fundamental implementation efforts and enforcement, the EPs are a mere window-dressing adventure and will not contribute to any change with respect to sustainable development. Of particular importance are gaps in how EPFIs address the implementation of the guidelines in project finance decision making, how they implement environmental and social assessment processes in practice and, perhaps more importantly, whether the implementation will have a positive effect on project sustainability. Future analyses and research should address these gaps.

To address the gap in the Equator Principles literature regarding their implementation, and to contribute to the literature, the present thesis examines the following research questions: (a) Why do EPFIs integrate the Equator Principles into their project-finance decision-making processes and how do EPFIs implement the Equator Principles? (b) How do Equator Principles influence the application and the management of environmental and social risks of project sponsors (project proponents)? And (c) How do Equator Principles impact project-affected communities (PACs)? The thesis also uses insights and influences from stakeholder and institutional theories as well as natural resource-based view theory and processes that further explain Equator Principles implementation in practice. The objectives of the research are, firstly, to analyze the current Equator Principles implementation and to assess how EPFIs align with the intentions of the Equator Principles framework-as well as its evolving character-as a tool for contributing to sustainability. Secondly, the thesis seeks to deepen understanding of Equator Principles implementation at the project sponsor level. Specifically, the objective is to investigate the nature and quality of Equator Principles application and management in project sponsor operations as per Equator Principles framework. Thirdly, the thesis aims to investigate how project-affected communities engage with the Equator Principles and project sponsors. Fourthly and lastly, based on the discoveries related to the preceding three objectives, the thesis aims to evaluate how the Equator Principles stakeholders could move the implementation and application of Equator Principles framework towards a framework that increasingly contributes to sustainability. Towards this end, the research methods involve: Firstly, research derived from analysis of peerreviewed journal articles via research repositories, covering ten years of the Equator Principlessince their launch in 2003-to identify key themes and emerging features of Equator Principles implementation. Secondly, the study includes interviewing project sponsors, project-affected communities, and stakeholder organisations, such as NGOs, as well as representatives of nine key EPFIs-with five hundred and thirty-three project portfolios-some of whom were the Equator Principles founders and Chairs of the Equator Principles Association Steering Committee-the Association that manages, administers, and develops Equator Principles. Thirdly and lastly, the research uses a project case example of Kalumbila Minerals Ltd (KML), a Zambian subsidiary of I also owe a debt of gratitude to all my amazing committee members, Dr. Robert B. Gibson, Dr. Blair Feltmate, and Dr. Ian Rowlands for invaluable and timely feedback, revisions, continuous academic stimuli, alumni connections, wisdom, engaging academic explorations, and for laughter about the mundane which-to a student sometimes lost at academic sea-is both refreshing and reorienting. A double gratitude is also due to Dr. Olaf Weber (fondly, "Olaf") and to Dr. Robert B. Gibson (fondly, "Bob"). Olaf for facilitating program funding, industry connections, and for my field trips to Africa; and, particularly, for having me on the Centre for International Governance Innovation-(CIGI)-funded Equator Principles project; and Bob for connecting me to Olaf and providing me the final inspiration to undertake this doctoral trip. Bob as well introduced me to the world of sustainability assessment. I owe an accumulated debt of wisdom to him and all my committee members whose repayment terms include figuring how I could contribute to positively changing and advancing sustainability for posterity. I also thank the writing Center, particularly, Mary MacPherson and Nadine Fladd; their editing hands prune wonderfully. They went beyond the syntax, and call of duty. Sometimes, their recommendations recalibrated and strengthened my thesis' thoughts and arguments as well. To them and the Writing Centre, I am eternally grateful. I thank many students, colleagues, and friends at the Faculty of Environment for passionate intellectual debates about our world. We might just be the change that contributes to positive sustainability. My gratitude as well goes out to Jennifer Nicholson, Lori McConnell, Sandra Ramautarsingh, Amanda Taves and Joanne Adair for administrative duties that made the Faculty of Environment a pleasant academic environment for me and to many others. Further gratitude extends to many friends who offered prayers for my family over the years amidst challenges of balancing family and academic obligations. Beyond UW, I owe much gratitude to so many people, again too numerous to mention, with whom I have interacted with over the course of my doctoral journey, in conferences and during my fieldwork. In particular, I thank library staff at University of Zambia. Special thanks are also due to Hilary Martin and Steven Fish, as well as Eng. Joseph Eyatu, Ms. Helena Shilomboleni, Mr and Mrs. Chasaya Sichilima, and to our International Gospel Church family. I also extend gratitude to Mr. Charles Harmon and Mrs. Mirriam Harmon, traditional chiefdoms in Kalumbila and Ndola, anonymous corporate and project officers in Zambia's Copperbelt, Mr. Arnold Kapambwe and Mrs. Lilian Kapambwe, Mr. and Mrs. Okware for connecting me to their networks and for their useful insights during my fieldtrips. Finally, to my awesome wife, Masheke, and families both immediate and extended, I appreciate your help and patience over these challenging years when sometimes you vaguely knew where I was, what I was doing, and "for when it would end". To my little lovely daughters, Patience and Petrina-even when I am long gone and out of sight-never stop thirsting for wisdom. I wish I were as brilliant at your ages!

Este artículo tiene por objetivo reflexionar sobre experiencias de investigación científica que muestran posibles aportes del trabajo colectivo, interdisciplinario y en articulación con diversos sectores de la comunidad para la difusión del conocimiento histórico sobre procesos históricos complejos. Se centra en algunos desarrollos en los últimos años en torno a la investigación de la responsabilidad empresarial en delitos de lesa humanidad durante la última dictadura en Argentina (1976-1983) y las trayectorias de organización y represión de los/as trabajadores/es y el movimiento sindical, con el objetivo de visibilizar los impactos de estas intersecciones. En particular, se abordan las posibilidades de articulación de la producción académica especializada con diferentes estrategias de vinculación tecnológica y comunicación de resultados a un público más amplio, con particular atención a formatos artísticos, abordando su potencial y alcance.

Este capítulo tem como objetivo analisar as trajectórias da investigação académica e científica sobre as graves violações de direitos humanos perpetradas por empresas durante a última ditadura argentina (1976-1983) e a ditadura brasileira (1964-1985/8), em relação com os processos de memória, verdade e justiça. Para tal, procura-se problematizar dimensões pouco estudadas da questão a partir de uma análise combinada das transformações económicas, laborais e sociais, tendo em conta tanto os actores empresariais como os sindicatos, trabalhadores e grupos sociais vitimados pelas ligações das empresas ao terrorismo de Estado. Sublinha que a participação das empresas e dos grupos económicos nas ditaduras argentina e brasileira não se relacionou apenas com a obtenção de benefícios económicos. A responsabilidade pela dimensão repressiva deve também ser tida em conta, entendendo-se que várias empresas e empresários foram parte integrante dos processos repressivos e das graves violações que tiveram lugar durante esse período em ambos os países.