The Guiding Principles on Business and Human Rights were endorsed by the United Nations Human Rights Council in June 2011 and are now an international standard in this area. This article explores the implications of the Guiding Principles for business enterprises operating in the oil and gas sector where there are human rights impacts of their operations. It considers the responsibility to respect human rights by these business enterprises, including in relation to remedies for victims, and the actions that should be taken by responsible and prudent business enterprises to implement the Guiding Principles. Close consideration of the concept of due diligence is undertaken, which is a broad responsibility on business enterprises to identify their actual and potential human rights impacts (including by third parties) and then to address them through policies, practices and mechanisms. This position is considered in light of surveys and interviews of existing practices in the oil and gas sector. The consequences of this responsibility under the Guiding Principles are also examined through consideration of contractual issues, where a business enterprise's leverage over third parties is of relevance, and analysis of the many legal risks that might arise.
Rae Lindsay outlines categories of multinational human rights cases pursued in the Global North, arguing overall that litigation in distant overseas courts often serves victims poorly. She offers nuance to the popular narratives concerning multinational human rights litigation, highlighting some features that pose challenges for corporate defendants that differ in emphasis from other forms of litigation. She reviews the impact of the UNGP and their ‘legalisation’ through regulation, incorporation into contracts, and use in litigation. Observing that adversarial litigation models and practices engrained within longstanding State-based structures can operate inconsistently with the effective resolution of human-rights focused claims, she urges those representing both claimants and businesses to consider alternatives and ways to conduct litigation in a constructive and mutually respectful manner conducive to respect for human rights.
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