International Human Rights. General Information FS2018

Transcription

1 International Human Rights FS2018 General Information The course generally takes place every Wednesday from 10:15 to 12:00 (2 hours per week) in room RAI-J-031, exceptions are outlined in the syllabus below. The course will provide an overview of the current international human rights regime, which will be complemented by a second part focusing on 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 the role of non-state actors and in more detail multinational corporations. The course will also address current human rights issues. The course is partially based on the following books: For human rights in general: Daniel Moeckli/Sangeeta Shah/Sandesh Sivakumaran (eds.), International Human Rights Law, Third edition, Oxford 2017; for business and human rights specifically: John Ruggie, Just Business Multinational Corporations and Human Rights, New York/London 2013; Dorothée Baumann-Pauly/Justine Nolan (eds.), Business and Human Rights From Principles to Practice, London/New York For the legal sources we recommend Blackstone s International Human Rights Documents collected by Alison Bisset, 10 th Edition, Oxford Participants without a law background may find Andrew Clapham, Human Rights: A Very Short Introduction, second edition, Oxford 2015 helpful. All participants are required to prepare for class and read the assigned papers in advance. Please note that the average reading load is approx pages per week and that the general reading assignments in the programme below are subject to change throughout the semester. Relevant course materials as well as all slides are continuously being published on the following internet-based platform: (the password required to enrol will be announced during class) General information as well as access instructions can also be found on Prof. Christine 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 RAI-G Lst.kaufmann@rwi.uzh.ch

2 Course syllabus subject to change Date Topic General reading assignments 20.2 (first lecture exceptionally on a Tuesday, 08:00-09:45, in room KOL- F-109) Introduction: foundations, history and general concept of human rights protection 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.), pp (Chapter 1 History) 28.2 Human rights actors I: The primary role of states The nature of human rights obligations The special character of human rights obligations The primary role of the state and its duty to respect, protect, and fulfil human rights Implementation of Human Rights obligations Mégret, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 5 Nature of Obligations) Cases: El Masri O Keeffe Rantsev v. Cyprus and Russia

3 7.3 Human rights actors II: The UN human rights system and non-state actors Overview of the UN human rights system and its treaty bodies Non-state actors and globalization, privatization and trade liberalization The emerging role of private actors Monitoring human rights compliance Importance of human rights implementation Domestic Implementation International Courts Treaty-based mechanisms Charter-based mechanisms, especially the Human Rights Council and its role to observe member states compliance Introduction and overview ILO Connors, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 19 United Nations) Clapham, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 28 Non-State Actors) Coomans, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 12 Education and work)

4 14.3 ICESCR and ICCPR Origin and legal foundations of economic and social rights, civil and political rights Key features of the ICESCR and the ICCPR Differences and relationship between the ICESCR and the ICCPR Obligation to respect, protect and fulfil CRC and ILO Conventions: (ILO Minimum Age Convention; ILO Worst Forms of Child Labour) van Boven, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 7 Categories of Rights) Eide, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 10 Adequate Standard of Living) McGoldrick, in Moeckli/Shah/Sivakumaran (eds.), pp (Chapter 11 Thought, Expression, Association, and Assembly) Cases: Treatment Action Campaign Soobramoney HR Committee Communication Mann Singh v. France Information Note European Court of HR Mann Singh v. France 21.3 Supply chains and human rights Recall legal background The concept of supply chains Examples for human rights issues in supply chains Case study: Addressing child labour General Comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities (E/C.12/GC/24) ILO Convention No. 182 on the worst forms of child labour, 1999 ILO Recommendation No. 190 ILO Convention No. 138 on the minimum age for admission to employment and work ILO Recommendation No. 146

5 28.3 Business and Human Rights: The Context History of the Business and Human Rights debate from the Global Compact onwards: Voluntary Principles (Draft) Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights UN-Framework for business and human rights: Appointment of Special Representative J. Ruggie, the Framework: protect, respect and remedy Adoption of the Guiding Principles Pillar I, II and III Ruggie, Just Business, Introduction and chapters 1-2, pp. xv-80 Baumann-Pauly/Nolan (eds.), chapter 2 Regulatory framework and Guiding Principles, pp Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, U.N. Doc. E/CN.4/Sub.2/2003/12/Rev.2 (2003) UN Global Compact UN Guiding Principles on Business and Human Rights

6 11.4 Business and Human Rights: Hard vs. Soft Law Stakeholder expectations and business dilemmas Recent developments: Hard Law / Soft Law National implementation based on the UN Guiding Principles Existing domestic policies and legislation Hard and Soft Law from the business perspective: Internal processes External initiatives UN Global Compact UK Modern Slavery Act, Clause 54 Loi relative au devoir de vigilance des sociétés mères et des entreprises donneuses d ordre Cossart/Chaplier/Beau de Lomenie : The French Law on Duty of Care : A Historic Step Towards Making Globalization Work for All, Business and Human Rights Journal, 2 (2017), pp The Responsible Business Initiative EU strategy on CSR National Action Plans Claire Methven O'Brien, Amol Mehra, Sara Blackwell and Cathrine Bloch Poulsen-Hansen (2016). National Action Plans: Current Status and Future Prospects for a New Business and Human Rights Governance Tool. Business and Human Rights Journal, 1/2016, pp

7 18.4 OECD Guidelines on Multinational Enterprises Overview of the OECD s mandate and work OECD Guidelines for multinational enterprises Role of OECD National Contact Points World Bank and International Finance Corporation: Different ways to implement the UN-Framework OECD Guidelines on Multinational Enterprises Blanpain, The OECD Guidelines for Multinational Enterprises - The Badger Case, in: Journal of the Royal Society of Arts, Vol. 126, No. 5262, 1978 Nieuwenkamp, The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. Soft Law with Hard Consequences, in: The Dovenschmidt Quarterly - International Review on Transitions in Corporate Life, Law and Governance, No.4, 2013 Special focus on human rights and the commodity sector (Part I) Cases before National Contact Points (NCP): China Gold International Resources Corp. Ltd. (Canadian NCP) FIFA (Swiss NCP) Former employees of Bralima vs. Bralima and Heineken (Dutch NCP) 25.4 Movie: Trading Paradise

8 Special focus on human rights and the commodity sector (Part II) Introduction Supply chain Business perspective Case studies / recent developments: Smartphone / Fairphone /Electronic devices Mission of One Laptop per Child (OLPC) Case study in Switzerland Special focus on human rights and the commodity sector (Part III) Papua New Guinea: Porgera-Goldmine FPIC (free prior informed consent) sexual and gender-based violence in the context of extractive industries OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (pp.12-25) EU Conflict Minerals Regulation Extractives and National Action Plans (NAPs) on Business and Human Rights A Thematic Supplement to National Action Plans on Business and Human Rights: Toolkit:2017 (DPLF;ICAR) The Swiss Commodities Trading Industry: A Mapping Study Informing the Development of Guidance on Implementing the UN Guiding Principles on Business & Human Rights (2017), IHRB,(pp. 5-31) Kemp/Rowen, Corporate Readiness and the Human Rights Risks of Applying FPIC in the Global Mining Industry, Business and Human Rights Journal, 2 (2017), pp Von Gall, Litigation (im)possible? Holding companies accountable for sexual and gender-based violence in the context of extractive industries, Policy Paper (2015), ECCHR Yousuf Aftab, Pillar III on the Ground: An Independent Assessment of the Porgera Remedy Framework, January 2016, Enodo Rights, pp. v-6 Righting Wrongs? Barrick Gold s Remedy Mechanism for Sexual Violence in Papua New Guinea: Key Concerns and Lessons Learned, Human Rights Clinic (Columbia Law School) & International Human Rights Clinic (Harvard Law School),2015, pp Gold s Costly Dividend: the Porgera Joint Venture, Summary and Recommendations, 2010, Human Rights Watch

9 Excursion to Geneva (date and programme details to be confirmed) 16.5 Further programme details will be announced later 23.5 / 30.5 Special focus on human rights and the garment sector (Part I / II) Introduction supply chain garment sector Special focus labour rights Human Rights Accountability: jurisdiction liability of parent companies applicable law Bangladesh, Rana Plaza Bangladesh Accord Court cases: o o Canada, Ontario Superior Court of Justice : Loblaws Companies Limited, Loblaws Inc.; Joe Fresh Apparel Canada Inc. Baldia Factory Fire As. v. KiK (Regional Court Dortmund) NCP cases o o German NCP, ECCHR et al v. TÜV Rheinland AG, filed 2 May 2016 Denmark, PWT Group s role in the Rana Plaza collapse OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector (pp. 3-4, 13-16,skim through Section II) A Responsibility Revolution in the Fashion Industry: How OECDs new Due Diligence Instrument can transform the global garment industry SOMO, Branded childhood, January 2017, chapter 1-3, 6 and the Myanmar Dilemma, February 2017, chapter 3-6