This module is concerned with the impacts of business on human rights and the environment, improving practices, and the accountability of companies when harm occurs. Alongside new human rights due diligence and sustainability related regulation, there is increased focus on rights respecting and sustainable business models amongst stakeholders, policy makers and business leaders. Developing an understanding of the expanding field of Business and Human rights is valuable for legal and business professionals.

This module explores the adequacy of existing voluntary international frameworks, and new regulation primarily within the EU.  

It considers issues with accountability for business related harms in criminal law, and rising litigation within civil law. The class will study recent cases in the home states of parent companies concerning the involvement of group related operations in adverse impacts, such as environmental damage affecting livelihoods and communities.  

Lecture themes include new laws requiring human rights and environmental due diligence for companies operating in the EU, litigation based upon direct parent company duty of care, the rise of climate litigation against corporations, crossover themes such as sustainability disclosures, and the ongoing negotiations on a legally binding UN treaty on Business and Human Rights. 

Within this fast growing field, the objective is to explore existing challenges with implementing business respect for human rights, understand both new developments and how companies are changing their practices, and to encourage students to evaluate the effectiveness of means to prevent harm occurring  and to enable access to remedy.  

Weekly reading lists and lecture notes will be made available throughout the semester via Blackboard. Students will are expected to have read materials in advance of class.

Learning Outcomes :

On successful completion of this module students should be able to:

• Appreciate the legal, commercial and human impacts at the interface between business and human rights.
• Critically evaluate key voluntary international frameworks in Business and Human Rights, their implementation, and the existing performance and accountability gap.
• Discuss the fast-evolving regulatory context, in particular new obligations on companies to conduct human rights and environmental due diligence, and prevent and address adverse impacts across businesses’ operations and business relationships at EU (CSDDD, CSRD) level.
• Evaluate emerging trends in the accountability of business for harm via both regulation and litigation, and discuss continuing barriers to remedy for people and communities impacted by the activities of business.
• Demonstrate an understanding of growing litigation in this field, related to companies’ operations and business relationships.
• Understand the interaction between Business and Human Rights and heightened standards of reporting and public disclosure on sustainability matters.
• Appreciate by reference to practice how increased focus on these issues is influencing companies to adapt their policies and practices.
• Understand crossover themes, such as how Business and Human Rights links to the ‘S’ in ‘ESG’.

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