Spring term 2012 Prof. Dr. Christine Kaufmann

Transcription

1 Spring term 2012 Prof. Dr. Christine Kaufmann International Human Rights Protection General Information The course takes place every Wednesday from 10:15 to 12:00 (2 hours per week). It will provide a brief overview of the current international human rights regime, with regard to the existing and emerging rules on corporate responsibility of multinational enterprises. After an introduction covering the basic mechanisms of human rights protection we will discuss briefly the role of non-state actors and in more detail multinational corporations. The course will also address current human rights issues. All participants are required to prepare for the course and read the assigned papers in advance. The reading load is pages per week on average. The course is based on the textbook by Daniel Moeckli/Sangeeta Shah/Sandesh Sivakumaran (eds.), International Human Rights Law, Oxford 2010, and Andrew Clapham, Human Rights: A Very Short Introduction, Oxford 2007 (with companion site at For the legal sources we recommend you to furnish yourself with the Blackstone s International Human Rights Documents collected by Sandy Ghandhi, seventh edition, Oxford For a concise and comprehensive account of the international human rights system, see Walter Kälin and Jörg Künzli, The Law of International Human Rights Protection, Oxford Additional materials as well as all slides are continuously being published on Professor Kaufmann s homepage: An exam will take place at the end of the term. More detailed information will be given at the beginning of the course. Office hours: consultations by appointment only at Rämistrasse 74, floor G, office Lst.kaufmann@rwi.uzh.ch

2 Course syllabus (subject to modifications) Date Topic Reading assignments Additional reading Introduction Foundations and history of human rights General concept of human rights - From the Universal Declaration of Human Rights (UDHR) to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) - Overview of the key features of the ICCPR and the ICESCR - Relationship between the UDHR and the ICCPR Bates, in Moeckli/Shah/Sivakumaran (eds.), p Clapham, p (Chapters 1 and 2) 2

3 7.3./ Economic, social and cultural rights The ICESCR; respect, protect and fulfil Origin and legal foundations of economic and social rights Key features Differences and relationship between the ICCPR and the ICESCR van Boven, in Moeckli/Shah/Sivakumaran (eds.), p (Chapter 8) Eide, in Moeckli/Shah/Sivakumaran (eds.), p (Chapter 11) Optional Protocol to the ICESCR, Annex to the UN General Assembly resolution, A/RES/63/117, 10 December 2008 Christine Kaufmann/ Mirina Grosz, Poverty, Hunger and International Trade: What's Law Got to Do with It?, in: German Yearbook of International Law, vol. 51 (2008), p MDG Report 2011 (in particular Goal 1, p. 6-15) FAO Policy Brief The problem of resources Obligations to respect, protect and fulfil The issue of justiciability Poverty as a violation of (which?) human rights? MDG Fact Sheet Cases: Excerpts from the South African Constitution Grootboom Purohit and Moore Treatment Action Campaign Soobramooney 3

4 21.3. Non-state Actors and Human Rights - Overview - Non-state actors and globalization, privatization and trade liberalization - Legal framework - Status of multinational enterprises (MNEs) in international law - Case study: cluster munition Clapham, in Moeckli/Shah/Sivakumaran (eds.), p (Chapter 25) Texts on case study: Diplomatic Conference for the Adoption of a Convention on Cluster Munitions ( Oslo Convention ), 30 May 2008 Report Worldwide investments in cluster munitions producers. A shared responsibility Key Findings, May

5 28.3./ The responsibility of MNEs: new approaches within the UN Draft norms on the responsibility of transnational corporations and other business enterprises with regard to human rights Appointment of Special Representative J. Ruggie - Framework: protect, respect and remedy - Recent developments: adoption of the Guiding Principles Protect, Respect and Remedy: a Framework for Business and Human Rights - Report of the Special Representative of the Secretary- General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, 7 April 2008, A/HRC/8/5 Report of the Special Representative of the Secretary- General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework, 21 March 2011, A/HRC/17/31 Resolution adopted by the Human Rights Council: Human rights and transnational corporations and other business enterprises, 6 July 2011, A/HRC/RES/17/4 All materials issued by the UNSRSG can be found at No classes instead full day excursion to Geneva on May No classes Easter break 5

6 25.4. Implementing the Ruggie Framework takes different shapes: OECD and IFC - Overview of the OECD s mandate and work; OECD Declaration on international investment and multinational enterprises - Principles and standards for responsible business conduct - Recent developments: Update of the OECD Guidelines for multinational enterprises - Application of the guidelines to human rights and supply chains (investment nexus and sphere of influence; due diligence) IFC Sustainability Framework - Overview of the IFC mandate and work - Recent developments: Update of the IFC Sustainability Framework Updated OECD Guidelines for Multinational Enterprises, 2011 IFC s Updated Sustainability Framework Fact Sheet International Finance Corporation s Policy on Environmental and Social Sustainability Update of IFC s Policy and Performance Standards on Environmental and Social Sustainability, and Access to Information Policy, Executive Summary, p. iii-vi Amnesty International Public Statement on the update of the OECD Guidelines 6

7 2.5. The role of the OECD National Contact Points for implementing the corporate responsibility to respect human rights - OECD s mandate for NCPs - Implementation options - Case study: Norwegian NCP case Updated OECD Guidelines for Multinational Enterprises, 2011 NCP Norway Final Statement on Intex Case NCP Norway Report of the factfinding mission on Intex Case NCP Norway Questions to the company 7

8 9.5. Monitoring human rights compliance - Existing general mechanisms - The role of UN institutions, especially the Human Rights Council in observing member states compliance - The state duty to protect - The corporate responsibility to respect - Access to remedy ECtHR, Al-Adsani v. United Kingdom (App /97), 21 November 2001, (2002) 34 EHRR 273 Optional Protocol to the ICESCR, Annex to the UN General Assembly resolution, A/RES/63/117, 10 December 2008 HRC resolution 8/7, 18 June 2008 Report of the Special Representative of the Secretary- General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework, 21 March 2011, A/HRC/17/31 Clapham, p (Chapter 3) Case study: details will be announced in class Materials will be distributed in class. 8

9 23.5. Special focus on labour rights - ILO core labour rights - Case study: Chocolate and Child labour, Nestlé s policy ILO Declaration on Fundamental Principles and Rights at Work ILO Declaration on Social Justice for a Fair Globalization Nestlé partnership with Fair Labour Organization Accelerating action against child labour - ILO Global report on child labour 2010 EU Parliament Resolution on Cocoa and Child labour ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy Excursion to Geneva - Visit to the Office of the High Commissioner for Human Rights (OHCHR) - Visit to the International Labour Organisation (ILO) 9