Business and Human Rights

Andreas R. Ziegler, LL.M. (European University Institute), is a Professor of International Law at the University of Lausanne, Switzerland. He is on the permanent roster of panelists for the World Trade Organization (WTO) and regularly advises clients on investment, trade and enforcement issues. Damiano Canapa, LL.M. (Bruges), LL.M. (Yale), is a Professor of Corporate Law and Competition Law at the University of Lausanne and the Director of the Center for Business Law (CEDIDAC). Maria Izabel Cardozo, LL.M. (Pontifícia Universidade Católica do Rio de Janeiro), LL.M. (University of Lausanne), is an international corporate lawyer who specializes in Environmental, Social, and Governance (ESG) matters and has worked as a Visiting Researcher at the University of Pavia, Italy".

List of Tables


Notes on Contributors


Part 1

  Introduction: Business and Human Rights: Emerging Challenges, Issues and Trends

  Andreas R. Ziegler, Damiano Canapa, and Maria Izabel Cardozo



Part 2

Human Rights at a Glance

1 From International “Soft” Law to Law in Business and Human Rights: The Role of the ungps in the Development of Formal Sources of International Law

  Elena Assenza



2 Corporate Lawyers and Climate Change: Perspectives from Professional Ethics and Business and Human Rights

  Jasmine Elliott and Boudewijn de Bruin



3 Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual Framework for Heightened Human Rights Due Diligence

  Izabela Jędrzejowska-Schiffauer, Daria Nagaivska, and Jan Minksztym



4 The Relevance of Mandatory Human Rights and Sustainability Due Diligence for the Greening of EU Antitrust Law

  Maria Jose Schmidt-Kessen



Part 3

Responsibility to “Respect Human Rights” across Different Industries

5 Shared Responsibility for Human Rights in the Algorithmic Age: Why Business Should Be the States’ally to Eliminate Discrimination

  Fabian Lütz



6 Reasonable Accommodation as a Tool for States and Businesses to Cope with the ungps

  Morgane Ventura



7 Venture Capital and Human Rights Due Diligence: Time to Act

  Michel Jaccard and Christof Cardinaux



8 Risk-Creating Industries’ Obligation to the Right to Health

  Alice Bryk Silveira



9 From Non-discrimination to the Guiding Principles and Back: How the Olympics Have Addressed Human Rights until Today

  Jean-Loup Chappelet



Part 4

Access to Remedy

10 Business and Human Rights: Issues of Private International Law

  Andrea Bonomi



11 Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?

  Nicolas Bueno and Isidore Ngueuleu



12 Is Arbitration the Answer? An Analysis of Applicable Substantive Law under the Hague Rules on Business and Human Rights Arbitration in the Context of the ict Manufacturing Industry

  Max Ebdon



13 Human Rights Compliance in Investment Activities: Some Challenges from the New Latin American Constitutionalism

  Fernando Bruno Escobar Pacheco



14 Interface between the Judiciary and National Human Rights Institutions: A Means to Ensure Effective Remedies for Business-Related Human Rights Abuses?

  Puspa Pokharel



Part 5

Updated iba Guidance and Commentary

15 Foreword to the Updated iba Guidance Note on Business and Human Rights: The Role of Lawyers in the Changing Landscape

  Stéphane Brabant, Shaheeza Lalani, Bernhard Maier and Maria Izabel Cardozo



16 Updated iba Guidance Note on Business and Human Rights: The Role of Lawyers in the Changing Landscape




Index