An Introduction to Human Rights, Business and Development

The course will help the students appreciate the current debates on the soft law approach and the UN binding treaty approach to the handling of business and human rights impacts.

Course code: SHS-ETC05

Professor: Dr. Stanslaus Muyebe

INTRODUCTION TO THE COURSE

This course will provide participants with a broad outlook on the interface between business, development, and human rights. Transnational corporations in the extractive sector and other sectors have always been important drivers of economic growth in the Global South. At the same time, such corporations have also often been accused of engaging in activities that result in corporate violations of human rights. This has enabled strong critiques of their role in the overall development process.

This course will critically examine this business-development-human rights nexus with a particular focus on case studies from around the world and the assessment of the current international instruments on business and human rights.

In 2013, Ecuador called for an international legally binding instrument on business and human rights and this proposal has stimulated wide debate on the binding treaty approach vis-à-vis the soft law approach to business and human rights impacts.

Significantly, debate has intensified since the adoption of a ground-breaking resolution by the Human Rights Council in June 2014, A/HRC/RES/26/9 (Resolution 26/9). This resolution mandates the “Elaboration of an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights”.

However, despite the resolution, it remains controversial among stakeholders on whether we need a binding instrument on business and human rights.

As an introduction to business and human rights, the course will help the students appreciate the current debates on the soft law approach and the UN binding treaty approach to the handling of business and human rights impacts.

Learning Outcomes

Upon completion of the course, the student should be able to:

understand how to identify if practices are consistent with human rights standards;
demonstrate a thorough knowledge of the instruments that constitute soft law approach to business and human rights;
discuss and assess specific strengths and weaknesses of each instrument in the soft law approach to business and human rights;
demonstrate an understanding of the arguments for and against the UN binding treaty on business and human rights;
evaluate the strengths and weaknesses of the current draft on UN binding treaty on business and human rights.

Course Outline

With its extended value chains, economic globalisation has provided numerous opportunities, while also creating specific challenges, including in the area of human rights protection.

Learning unit 1: The soft law approach to business and human rights harms

Learning unit 2: The UN Binding Treaty Approach – Arguments for and against

Learning Unit 3: How the draft of UN Binding Treaty has addressed the gaps in the soft law approach