The Role of Tort law and Private International law in Operationalizing the Human Rights Due Diligence Concept and Legal Implications: Towards a Presumption of a Legal Duty of Human Rights Due Diligence.

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Abstract

This paper examines the legal consequences of effectively operationalizing the human rights due diligence concept as defined in the UN Guiding Principles on Business and Human Rights (UNGPs) through Tort law and EU and national Private International law (PIL). It argues that if existing doctrines and approaches were to be revisited and applied in order to accommodate the human rights due diligence concept, some of the barriers that victims currently face to obtain redress from human rights violations would be lifted and the feasibility of direct foreign liability claims enhanced. Moreover, the connexions between the current approaches and the human rights due diligence concept are sufficient to support the view that these approaches can be reconciled with human rights due diligence.
Original languageEnglish
Title of host publicationInternational Conference on Business and Human Rights 20 - 21 October, Sevilla
Publication statusSubmitted - Oct 2016
Externally publishedYes

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