We are currently observing an apparent paradox. On the one hand there is growing evidence about corporate misbehaviour and Multinational Corporations (MNCs)' violations of human rights. On the other, the largest MNCs are showing an unprecedented level of commitment to "save the world" through...

This paper explains how the Ruggie’s framework for corporate human rights performance may benefit from a relationship with the capability approach. The capability approach is found to fit nicely with both human rights and managerial perspectives. Among the many reciprocal contributions these...

This paper explains how the Ruggie's framework for corporate human rights performance may benefit from a relationship with the capability approach. The capability approach is found to fit nicely with both human rights and managerial perspectives. Among the many reciprocal contributions these...

This past summer, the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises delivered its 2016 Report to the U.N. Human Rights Council. The focus of that report was the relationship of states and state owned enterprises to the state duty to...

In June 2014, three years after it endorsed the U. N. Guiding Principles on Business and Human Rights, the UN Human Rights Council moved to establish an open-ended intergovernmental working group to elaborate an international legally binding instrument to regulate, in international human rights...

Foreign victims of exactions committed by Canadian multinational companies have long been confronted to a legal vacuum in liability actions against those companies. Although Canada was considered as a judicial paradise for mining corporations, this impunity era seems now over. Two recent court...

This chapter shows how the social and institutional organization and political culture of China have affected how Chinese corporations approach the issue of corporate social responsibility (CSR) in general and CSR-based human rights responsibilities in particular. Part I examines the global...

Increasingly, there is awareness that corruption and human rights are intimately connected. However, the debates and reform proposals on improving corporations’ social performance in these two areas are often treated as separate concerns. This article argues that companies must see combating...

This paper discusses an effort of creative lawyering by a Working Group of the Business Law Section of the American Bar Association to help enable business clients to prevent and mitigate human rights abuse in their supply chains. A Working Group of the Business Section of the American Bar...

This paper discusses how human rights due diligence (“HRDD”) applies to the prevention and mitigation of social conflict in the Peruvian mining industry. Peru is one of the world’s largest producers of copper, gold, and zinc. Its mining industry accounts for ten percent of Peru’s gross...