Business, Human Rights and Corporate Responsibility

This course aims to provide an advanced understanding of how law and regulation relate to current debates about corporate responsibility and business respect for human rights standards. What would constitute an ideal regulatory and remedial framework on the human rights impacts of business activity? What commercial, political or social forces and factors shape these issues in practice? This course analyses the source, nature, content and practical significance of legal, regulatory, self-regulatory and other frameworks governing the ways in which business actors and activities might affect human rights. Framed by an understanding of the position in public international law, the course turns mainly on the significance of the 2011 UN Guiding Principles on Business and Human Rights, while addressing the range of regulatory options. From lawsuits for alleged corporate complicity in apartheid and other grave crimes, to examples of voluntary business leadership on addressing human trafficking, this course combines a commitment to objectivity and conceptual clarity with an emphasis on robust and informed student exchange. Approaching from a legal and regulatory perspective, the course addresses complex, controversial issues such as allegations of rights abuse in global food or manufacturing supply-chains; how global telecoms companies manage customer service in repressive states; and extractive industry stakeholder relations in conflict-affected regions. Through practical case studies students will be exploring the nexus of two of the most profound social and regulatory phenomena of our time: economic globalisation, and the international human rights narrative. The course is of relevance to policymakers, regulators, corporate and financial executives, those in civil society, the media, and the legal profession. Any contemporary study of international relations or international law is incomplete without going beyond states to consider the influence of transnational business and investment actors. Likewise, the private sector operates in a public world so that business scholars must factor in the increasing salience of corporate responsibility and accountability issues. Meanwhile, governmental actors are not the only source of human rights promotion: what positive role exists for the private sector? The course emphasises transnational commercial networks and regulatory responses, but makes some reference to Australian scenarios. Through moderated discussions and with occasional guest expert input, students navigate some key issues. How can business activity affect the enjoyment of human rights? How effective are existing regulatory responses, and what undermines these? What is the role for business self-regulation, and what is the state’s duty to control the social impacts of a business operating abroad? What avenues of remedy exist or could or should exist? Should we pursue a binding treaty in this field, how likely is this, and what would it include? What particular responsibilities accompany investment decisions in repressive or conflict-affected states?