S. Transnational Business and Human Rights

Business and human rights has emerged over the past 15 years as a distinct legal field of study and practice. What began as voluntary norms has evolved into litigation and regulation across jurisdictions. Companies are viewed, alongside states, as both a potential source of human rights harm and as international actors with the capacity to promote and protect human rights. The business and human rights movement has expanded in scope from an initial focus on labor conditions in global supply chains and corporate complicity with repressive states, to examine the impacts of industries as diverse as agriculture, healthcare and technology on the full spectrum of internationally recognized human rights.

Companies are paying greater attention to the human rights risks connected to their businesses and contributing to a growing body of corporate human rights practice. Regulators, litigants, investors, and civil society groups are scrutinizing these practices ever more rigorously. As more individuals in the private sector, government and civil society find themselves navigating business and human rights challenges, there is growing demand for lawyers and other advisors who can help companies to manage effectively the human rights impacts of business by adopting human rights policies, conducting human rights due diligence, and finding ways to prevent, mitigate and remedy actual and potential human rights impacts across global value chains.

This seminar prepares students to provide sound business and human rights advice, placing them in the shoes of both corporate decision-makers and human rights advocates seeking to influence corporate policies and practices. Drawing on national and international law, industry standards, case studies, legal proceedings, the work of international organizations, and a growing academic literature, the class explores four interrelated themes: 1) corporate responsibility; 2) human rights standards; 3) business practice; and 4) remedy.

Requirements: The course meets once weekly, with assigned readings, class discussion and in-class exercises. Grading is based on (i) class participation, including weekly response questions and in-class exercises; (ii) a midterm written assignment; and (iii) a seminar paper.