The United Nations Guiding Principles on Business and Human Rights, the State duty to protect Human Rights and the State-business nexus
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APPLICATION of the Convention on the Prevention and Punishment of the Crime of Genocide: Bosnia and Herzegovina v Serbia and Montenegro. Judgment, ICJ Reports 2007.
APPLICATION of the International Convention on the Elimination of All Forms of Racial Discrimination: Georgia v Russian Federation. Provisional Measures (No 2008/35). 15 oct. 2008.
AUGENSTEIN, Daniel. State responsibilities to regulate and adjudicate corporate activities under the European Convention on Human Rights: Submission to the Special Representati- ve of the United Nations Secretary-General (SRSG) on the issue of Human Rights and Transnational Corporations and Other Business Enterprises, 2011.
BACKER, Larry Catá. Between state, company, and market: a preliminary engagement on the business and human rights obligations of States and State Owned Enterprises (SOEs). Available at: .
BACKER, Larry Catá. Corporate social responsibility in weak governance zones. Santa Clara J. Int’l L., v. 14, n. 297, p. 297-323, 2016. Available at: .
BACKER, Larry Catá. Sovereign investing in times of crisis: global regulation of sovereign wealth funds, state owned enterprises and the chinese experience. Transnational Law & Contemporary Problems, v. 19, n. 1, 2009.
BACKER, Larry Catá. The human rights obligations of State Owned Enterprises (SOEs): emerging conceptual structures and principles in national and international law and policy. Vanderbilt Journal of Transnational Law, v. 51, 2017. Available at: .
ASSAN, Fabio. The law of sovereign wealth funds. Edward Elgar, 2011.
BERNAZ, Nádia. Business and human rights: history, law and policy: bridging the accountability gap. Londres: Routlege, 2017.
BOLTON, Patrick; SAMAMA, Frederic; STIGLITZ, Joseph E. (Ed.). Sovereign wealth funds and long-term investing. New York: Columbia University Press, 2012.
BONNITCHA, Jonathan; MCCORQUODALE, Robert. The concept of “due diligence” in the un guiding principles on business and human rights. European Journal of International Law, v. 28, Issue 3, p. 899-919, nov. 2017.
BUHMANN, Karin. Navigating from “train wreck” to being “welcomed”: negotiation strategies and argumentative patterns in the development of the UN framework. In. DEVA, Surya; BILCHITZ, David (Ed.). Human rights obligations of business: beyond the corporate responsibility to respect. Cambridge: Cambridge University Press, 2013.
CAN, Özgür; SECK, Sara L. The legal obligations with respect to human rights and export credit agencies: final legal discussion paper: july 2006. Ottawa: Halifax Intiative Coalition, 2006. p. 23. Available at: . Accessed: 20 jun. 2018.
CASE Concerning Barcelona Traction, Light and Power Company, Limited: Belgium v Spain. Judgment, ICJ Reports 1970.
CASE of Dubetska & ors v Ukraine. ECHR, 2003. (Application n. 30499/03)
CASE of Fadeyeva v Russia. ECHR, 2005. (Application n. 55723/00, 9 June 2005)
CASE of Hatton & ors v United Kingdom. ECHR, 1997. (Application n. 36022/97)
CASE of Heinisch v Germany. ECtHR, 2008. (Application n. 28274/08, Judgment 21 July 2011)
CASE of López Ostra v Spain. ECHR, 1990. (Application n. 16798/90)
CASE of Tatar v Romaina. ECHR, 2001. (Application n. 67021/01)
CASE of Yershova v Russia. ECHR, 2004. (Application n. 1387/04, 8 April 2010)
CHINA. China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters. CCMCMC Guidelines for Social Responsibility in Outbound Mining Investments. 2014.
CLAPHAM, Andrew. Human rights obligations of non-state actors. Oxford: OUP Oxford, 2006.
CRAWFORD, James. State responsibility: the general part. Cambridge: Cambridge Univ. Press, 2014. (1. Paperback ed.).
DEVA, Surya. Regulating corporate human rights violations:
humanizing business. Londres: Routledge, 2014.
DEVA, Surya. Treating human rights lightly: a critique of the consensus rhetoric and the language employed by the guiding principles: human rights obligations of business: beyond the corporate responsibility to respect. Cambridge: Cambridge University Press, 2013.
DIRECTIVE 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts [OJ L 94/1 (28 March 2014) (the “Concessions Directive”)].
DIRECTIVE 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC [OJ L 94/65 (28 March 2014) (the “Public Sector Directive”)].
DIRECTIVE 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC [OJ L 94/243 (28 March 2014) (the “Utilities Directive”).]
DRAFT articles on responsibility of states for internationally wrongful acts. 2001.
FEYTER, Koen de; ISA, Felipe Gómes. Privatisation and human rights in the age of globalisation. Intersentia, 2005. (Maastricht Series in Human Rights)
GIANTURCO, Delio E. Export credit agencies: the unsung giants of international trade and finance. Santa Barbára: Greenwood Publishing Group, 2001.
GOVERNMENT OFFICES OF SWEDEN. Ministry
of Enterprise and Innovation. The state’s ownership policy and guidelines for state-owned enterprises. 2017. Available at: .
HERTZBERG, Leo et al. V. Finland: communication n. 61/1979, UN Doc CCPR/C/OP/1 (1985), at page 124, paragraph 91). University of Minnesota, 1985.
HULTS, David R.; VICTOR, David G.; THURBER, Mark (Ed.). Oil and governance: state-owned enterprises and the world energy supply. Cambridge: Cambridge University Press, 2012.
INSTITUTE FOR HUMAN RIGHTS AND BUSINESS (IHRB). Letter to the Members of the G20 Employment Working Group. 24 mar. 2017.
INSTITUTE FOR HUMAN RIGHTS AND BUSINESS. Protecting rights by purchasing right: the human rights provisions, opportunities and limitations under the 2014 EU public procurement directives. IHRB: London, 2015. (Occassional paper series paper number 3).
INSTITUTE FOR HUMAN RIGHTS AND BUSINESS. State of play: human rights in the political economy of states: avenues for application. IHRB, 2014. Available at: .
INTERNATIONAL COUNCIL ON MINING E-METALS (ICMM). Chinese mining body aligns with icmm to promote mining with principles. 2017. Available at: .
INTERNATIONAL COURT OF JUSTICE. Military and paramilitary activities in and against Nicaragua: Nicaragua v United States of America. Merits, Judgment ICJ Reports 1986.
INTERNATIONAL LABOUR ORGANIZATION.
Tripartite declaration of principles concerning multinational enterprises and social policy: adopted by the Governing Body of the International Labour Office at its 204th Session (Geneva, November 1977) ƒnd amended at iïs 279th (November 2000), 295th (March 2006) and 329th (March 2017) Sessions). Geneva: ILO, 2017.
LAGOUTTE, Stephanie. The state duty to protect against business-related human rights abuses: unpacking Pillar 1 and 3 of the UN Guiding Principles on Human Rights and Business. Copenhagen: Danish Institute for Human Rights, 2014. (Ano 2014/1)
LEE, Jaemin. State responsibility and government-affiliated entities in international economic law: the danger of blurring the chinese wall between ‘state organ’and ‘non-state organ’as designed in the ilc draft articles. Journal of World Trade, v. 49, Issue 1, 2015.
LUSTIG, Doreen; BENVENISTI, Eyal. The multinational corporation as ‘the good despot’: the democratic costs of privatisation in global settings. 2013. Available at: .
MCCORQUODALE, Robert. The impact of international human rights law on state responsibility. In: KAMMINGA, Menno; SCHEININ, M. (Ed.). The impact of human rights on general international law. Oxford: Oxford University Press, 2009.
MINISTRY OF COMMERCE PEOPLES´S REPUBLIC OF CHINA. MOFCOM and MEP jointly issued guidance on environmental protection in foreign investment and cooperation. 2013. Available at: .
NATIONAL oil companies: beyond boundaries, beyond borders: an emerging class of multinational oil companies is changing the competitive landscape. Available at: .
NORWEGIAN MINISTRY OF TRADE, INDUSTRY AND FISCHERIES. Diverse and value-creating ownership: Meld. St. 27 (2013–2014): report to the storting (white paper): recommendation of the Ministry of Trade, Industry and Fisheries of 20 june 2014, approved in the Council of State the same day. 2014. (The Solberg Government). Available at: .
NOTICE of the CBRC on issuing the green credit guidelines. Available at: .
NOTICE of the CBRC on issuing the green credit guidelines. Available at: .
OECD guidelines for multinational enterprises: 2011 edition. Paris: OECD Publishing, 2011.
RAJAVUORI, Mikko. State ownership and the united nations business and human rights agenda: three instruments, three narratives. Indiana Journal of Global Legal tudies, v. 23, n. 2, summer, 2016.
RUGGIE, John G. Business and human rights: further steps toward the operationalization of the “protect, respect and remedy” framework: report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2010. (A/HRC/14/27)
RUGGIE, John G. Human rights and corporate law: trends and observations from a crossnational study conducted by the special representative: report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2011. (A/HRC/17/31/Add.2)
RUGGIE, John G. Summary of five multi-stakeholder consultations: report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2008. (A/HRC/8/5/Add.1)
RUGGIE, John G. Corporations and human rights: a survey of the scope and patterns of alleged corporate-related human rights abuse: report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2008. (A/HRC/8/5/Add.2)
RUGGIE, John G. Guiding principles on business and human rights: implementing the united nations “protect, respect and remedy” framework: report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2011. (A/HRC/17/31)
RUGGIE, John G. Principles for responsible contracts: integrating the management of human rights risks into state-investor contract negotiations: guidance for negotiators: report of the special representative of the se-cretary-general on the issue of human rights and trans- national corporations and other business enterprises. 2011. (A/HRC/17/31/Add.3)
RUGGIE, John G. Promotion and protection of human rights: interim report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2006. (E/CN.4/2006/97)
RUGGIE, John G. 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. 2008. (A/HRC/8/5)
RUGGIE, John G. State obligations to provide access to remedy for human rights abuses by third parties, including business: an overview of international and regional provisions, commentary and decisions (report of the special representative of the secretary-general on the issue of human rights and transnational corporations and other business enterprises. 2009. (A/HRC/11/13/Add.1)
RUGGIE, John G. State responsibilities to regulate and adjudicate corporate activities under the united nations core human rights treaties: an overview of treaty body commentaries: report of the special representative of the secretarygeneral on the issue of human rights and transnational corporations and other business enterprises. Kennedy School of Government; Harvard Law Schooll, 2007. (A/HRC/4/35/Add.1)
SASAC About SASAC: SASAC main functions. Available at: .
SAUVANT, Karl P. The negotiations of the united nations code of conduct on transnational corporations: experience and lessons learned. The Journal of World Investment and Trade, v. 16, p. 11-87, 2015.
SCHUTTER, Olivier de et al. Human rights due diligence: the role of states. 2012. Available at: .
SCHUTTER, Olivier de. International human rights law: cases, materials, commentary. 2. ed. Cambridge: Cambridge University Press, 2014.
SERGIE, Mohamemed Aly. Qatar petroleum expanding overseas with focus on production. Bloomberg.com. 23 jun. 2015. Available at: .
SHAW, Malcolm N. International law. 7. ed. Cambridge: Cambridge Univ Press, 2014. p. 182–183.
SHELTON, Dinah L. ‘Soft law’, handbook of international law. Routledge Press, 2008. Available at: .
SHUE, Henry. The interdependence of rights: the right to food. Leida: Martinus Nijhoff Publishers, 1984.
IMONS, Penelope; MACKLIN Audrey. The governance gap: extractive industries, human rights, and the home state advantage. London: Routledge, 2014.
SOVEREIGN wealth fund rankings: SWFI: Sovereign Wealth Fund Institute. Available at: .
STATE-OWNED ASSETS SUPERVISION AND
ADMINISTRATION COUNCIL. Guidelines to the State-owned enterprises directly under the central government on fulfilling corporate social responsibilities. Available at: .
TONINELLI, Pierangelo Maria. The rise and fall of state-owned enterprise in the western world. Cambridge: Cambridge University Press, 2000.
UN WORKING GROUP ON BUSINESS AND HUMAN RIGHTS. The state as an economic actor and human rights: further unpacking practical implications of international business and human rights principles for the “state-business nexus”.
UNITED NATIONS. Draft UN code of conduct on transnational corporations: [1983 Version]. Available at: .
UNITED NATIONS. Economic on Economic, Social and Cultural Rights. General comment n. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, 2017.
UNITED NATIONS. General Assembly. Human Right Council. Leading by example: the state, state-owned enterprises and human rights: report of the working group on the issue of human rights and transnational corporations and other business enterprises. 2016. (A/ HRC/32/45)
UNITED NATIONS. General Comment n. 31 (2004) on Art 2 of the ICCPR: the Nature of the general legal obligation imposed on states parties to the covenant, 2004.
UNITED NATIONS. Human Rights Concil. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development: report of the working group on the issue of human rights and transnational corporations and other business enterprises. 2016. (A/HRC/32/45)
UNITED NATIONS. Human Rights Concil. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development: report of the working group on the issue of human rights and transnational corporations and other business enterprises on its mission to Brazil. 2016. (A/HRC/32/45/ Add.1)
UNITED NATIONS. Human Rights Concil. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development: report of the working group on the issue of human rights and transnational corporations and other business enterprises on its mission to Mexico. 2017. (A/HRC/35/32/ Add.2)
UNITED NATIONS. Human Rights Concil. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development: report of the working group on the issue of human rights and transnational corporations and other business enterprises on its visit to the Republic of Korea. 2017. (A/ HRC/35/32/Add.1)
UNITED NATIONS. Human Rights Council. Resolution 17/4 human rights and transnational corporations and other business enterprises. 2011. (A/HRC/RES/17/4)
UNITED NATIONS. Human Rights Council. Promotion of all human rights, civil, political, economic, social and cultural rights, including the right to development: business and human rights: towards operationalizing the “protect, respect and remedy” framework: report of the special representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. 2009. (A/HRC/11/13)
UNITED NATIONS. International Law Commission. Draft articles on responsibility of states for internationally wrongful acts, with commentaries. 2008. Available at: .
UNITED NATIONS. Office of the High Commissioner for Human Rights. CESCR General Comment 3, the nature of States parties obligations: art. 2, par.1 of the ICESCR. 14 dez. 1990.
UNITED NATIONS. Office of the United Nations High Commissioner for Human Rights. Principles and guidelines for a human rights approach to poverty reduction strategies. 2012. (HR/PUB/06/12)
UNITED NATIONS. The corporate responsibility to respect human rights: an interpretative guide. 2002. (HR/ PUB/12/02)
UNITED NATIONS. World investment report 2014: investing in the SDGs: an action plan. 2014
UNITED NATIONS. World investment report 2017: investment and the digital economy. 2017.
UNIVERSITY OF MINNESOTA. Human Rights Library. Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights: E/CN.4/Sub.2/2003/12/Rev.2. 2003.
VELÀSQUEZ Rodríguez v Honduras: Judgment of july 29, 1988, Inter-AmCtHR (Ser C) N. 4 (1988). University of Minnesota, 1988.
ZERK, Jennifer A. Multinationals and corporate social responsibility: limitations and opportunities in international law. First paperback edition. Cambridge: Cambridge University Press, 2011.
DOI: https://doi.org/10.5102/rdi.v15i2.5476
ISSN 2236-997X (impresso) - ISSN 2237-1036 (on-line)
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