Co-Chair
Edie Hofmeister
Co-Chair
Daisuke Takahashi
The objective of the Business Human Rights (BHR) Committee is to create awareness amongst lawyers in all fields of practice, of business and human rights, corporate sustainability, and more broadly ESG (environmental, social and governance, eg, conflict minerals and modern slavery transparency) principles.
Business and human rights issues are not new; but there has been a paradigm shift in the understanding of and approaches to the ways in which business may impact on the human rights of individuals and groups (both positively and negatively), since the endorsement in 2011 of the UN Guiding Principles on Business and Human Rights (UNGPs). This global, authoritative standard provides guidance on governments' duty to protect against human rights harm and business' responsibility to respect human rights, as well as the importance of access to remedy. The UNGPs are increasingly reflected in new laws and regulations, and in business relationships.
These developments raise challenges and opportunities for lawyers, both as advisers to their clients and, in the case of law firms, as enterprises in their own right. The UNGPs' unique approach to due diligence and risk management bring a new perspective to all areas of legal practice, from mergers and acquisitions, to supply chain management, investment and finance, and more. They are relevant for all lawyers, whatever their area of specialisation, be it advisory, transactional, compliance, regulatory enforcement or dispute resolution.
Business and human rights is also a key component of strategies supporting corporate responsibility, ethical business, sustainability and good corporate governance more broadly. The Business Human Rights Committee aims to promote the development of legal skills required to advise clients and to support law firm management in these areas, and to facilitate education and dialogue among lawyers who practice in this emerging area of the law.
In a ruling dated 11 November 2024, the Hague Court of Appeal upheld Shell’s appeal against the Dutch NGO/campaign group Milieudefensie, overturning a 2021 ruling that had ordered Shell to reduce its carbon dioxide emissions by 45 per cent by 2030 relative to 2019 levels. For the reasons set out below, the Court of Appeal quashed the 2021 judgment, denied the claims of Milieudefensie and ordered it to pay costs. This judgment provides key considerations on the linkages between the climate crisis and the corporate responsibility to respect human rights.
Released on Nov 12, 2024
The EU Corporate Sustainability Due Diligence Directive represents a significant step forward in the promotion of corporate accountability for human rights through regulation and, considering its extraterritorial reach, the legislation will have an impact outside of the EU. This article summarises the main requirements of the CSDDD, with particular focus on the requirements concerning human rights due diligence. It also highlights key areas of alignment between the CSDDD and the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Released on Jul 30, 2024
To kickstart London Climate Action week, the Net Zero Lawyers Alliance held a symposium highlighting the integral role of lawyers in achieving net zero and encouraging firms to act now. This article summarises the key messages.
Released on Jul 07, 2024
Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the ‘Act’) came into force on 1 January 2024. On 20 December 2023, only a few months ahead of the 31 May 2024 reporting deadline, the government published the first set of compliance guidelines which, among other things, introduced an online questionnaire to be completed as part of the reporting obligations under the Act. Now that the 31 May deadline has passed for subject companies to file their reports under the Act, the time is ripe for reflection.
Released on Jun 16, 2024
The International Bar Association (IBA) Business and Human Rights Working Group has published a draft guidance for bar associations and business lawyers on the implementation of the United Nations (UN) Guiding Principles on Business and Human Rights (‘Guiding Principles’) – the first guidance of its kind since the UN Human Rights Council endorsement of the Guiding Principles in 2011.
The Business Human Rights Committee also coordinates the activities of the following subcommittees/working groups.
The UN Global Compact and the IBA, supported by Lexis Nexis, have produced three modules for a video training series entitled Lawyers as Leaders: The Essential Role of Legal Counsel in the Corporate Sustainability Agenda.
Watch the business and human rights module
Find out more and watch modules on labour, anti-corruption and the environment
With financial support from the IBA as well as the Government of Norway, the CAO of the World Bank Group, and the Government of Germany, the BHR Initiative at the Harvard Kennedy School has produced three films about the mediated resolution of company-community disputes.
The films relate to disputes around a copper mine in Peru, an oil and gas operation in Nigeria, and a hydro-electric power project in the Philippines.
Watch the introductory film