The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy?

Thompson, Benjamin

doi:10.18352/ulr.440

Cited by 4 publications

(2 citation statements)

References 9 publications

(10 reference statements)

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“…Direct linkage for adverse impacts could also only be made through a banks' corporate lending activity, introducing a new concept of "proximity" to distinguish between high and low proximity direct linkage-"based entirely on corporate structuring…rather than any UNGPs concepts" (2018, p. 92). The Thun Group also expressly distanced themselves from the need to engage in human rights remediation in relation to any impacts caused by financed clients (Thun Group, 2017, p. 15), and largely viewed due diligence requirements as dependent on the type of financing involved, emphasising existing environmental and social due diligence measures as sufficient, rather than specific UNGP-informed HRDD (Thompson, 2018).…”

Section: Cashmoneymentioning

confidence: 99%

“Traduttore, Traditore?” Translating Human Rights into the Corporate Context

2022

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This paper critically investigates the implementation of the UN guiding principles on business and human rights (UNGPs) into the corporate setting through the concept of ‘translation’. In the decade since the creation of the UNGPs, little academic research has focussed specifically on the corporate implementation of human rights. Drawing on qualitative case studies of two multinational corporations—an oil and gas company and a bank—this paper unpacks how human rights are translated into the corporate context. In doing so, the paper focuses on the “resonance dilemma” translators encounter, the strategies used to make human rights understandable and palatable, and the difficulties that emerge from this process. We contend that the process of making human rights understandable and manageable can change their form and content, which may act as an obstacle to human rights realisation and corporate accountability for human rights.

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Section: Cashmoneymentioning

confidence: 99%

“Traduttore, Traditore?” Translating Human Rights into the Corporate Context

2022

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“…Benjamin Thompson illustrates this technique by describing and evaluating the 2016 Dutch Banking Sector Agreement on international responsible business conduct regarding human rights, which involved the banking sector, the Government, trade unions, and NGOs -the first of its kind. 13 This Agreement requires banks to have in place a policy commitment to respect human rights in their financial activities, to carry out due diligence, to set up client engagement procedures, and to enable remediation. Thompson welcomes this initiative, as, being owned by the industry, it may have more corporate legitimacy and may therefore be more effective than top-down state regulation in bringing about changes in corporate conduct.…”

Section: Private Regulationmentioning

confidence: 99%

Editorial<br>Accountability of Multinational Corporations for Human Rights Abuses

Ryngaert¹

2018

ULR

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Law (Ucall) is one of the five research programmes of the Utrecht University School of Law. It consists of a group of researchers who have together set out to conduct multidisciplinary research on the boundaries of accountability and liability in the Netherlands, in Europe, and beyond. The research which resulted in this publication has been funded by the European Research Council under the Starting Grant Scheme (Proposal 336230-UNIJURIS) and the Dutch Organization for Scientific Research under the VIDI Scheme (No 016.135.322

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Lessons Learned in Qatar: The Role of the Netherlands and Its Businesses in Addressing Human Rights Abuses in Mega-Sporting Events

Heerdt

Roorda

2023

Neth Int Law Rev

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Mega-sporting events (MSEs) can have a negative impact on human rights throughout their lifecycle, from the bidding stage, over to the planning and preparation stage, the delivery of the event, and also as part of their legacy after the event has concluded. They can be linked to land grabbing, forced evictions, forced labour and many other human rights abuses. The problem is that only a very few of these cases are actually addressed in the sense that rights-holders receive an effective remedy and those responsible for the abuse are held to account. MSEs are jointly organized and staged by public, private, national, and international actors, which each contribute in different ways to the associated human rights impact. Rather than looking at the responsibility of those actors directly involved in organizing and staging the event, this article looks at the responsibility of the participating actors of states that are represented at the event, namely businesses and sports bodies, using the Netherlands and the 2022 FIFA World Cup in Qatar as the guiding example. The central questions it tries to explore based on lessons learned and opportunities missed in Qatar are how such actors are connected to adverse human rights impacts associated with MSEs, which responsibilities under the human rights framework flow from those connections, and how participating states should then ensure that businesses live up to their responsibilities.

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The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy?

Cited by 4 publications

References 9 publications

“Traduttore, Traditore?” Translating Human Rights into the Corporate Context

“Traduttore, Traditore?” Translating Human Rights into the Corporate Context

Editorial<br>Accountability of Multinational Corporations for Human Rights Abuses

Lessons Learned in Qatar: The Role of the Netherlands and Its Businesses in Addressing Human Rights Abuses in Mega-Sporting Events

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