Eu law on business and human rights

A.A. 2020/2021
Crediti massimi
Ore totali
Obiettivi formativi
The course aims at
- Analyzing the European and international legal framework on business and human rights;
- Analyzing the relevant European, international and domestic case law;
- Examining access to remedies in B&HR cases in the US and the EU;
- Examining the relevant European framework on private international law;
- Applying the examined legal tools to the solution of case studies;
- Developing critical analysis of B&HR-connected legal issues.
Risultati apprendimento attesi
By the end of the course, students should:
- Have a deep knowledge of the legal framework on EU Law on Business and Human Rights
- Be able to make autonomous evaluation of B&HR-connected legal issues
- Have developed the skills to apply the acquired knowledge to practical cases, disputes, corporate strategies, decision-making processes
- Have developed the related problem-solving skills
Programma e organizzazione didattica

Edizione unica

Secondo semestre
Should the emergency measures for COVID-19 be still in place at the time the course will be held (second semester), lectures will be taught online (Microsoft Teams). Specific instructions will be uploaded on the ARIEL website.
Transnational business activities can have an impact on the enjoyment of the entire spectrum of the internationally recognized human rights. Corporate violations of the rights to health and life, the core labour standards, and the rights of minorities, including indigenous peoples, have led to important legal disputes. These cases demonstrate the need to strike a balance between economic development on the one hand, and the implementation of sustainable development and the protection of the most fundamental human and labour rights and the environment, on the other hand. Given the complex structure of multinational enterprises, and their capacity to take advantage of the domestic legal and jurisdictional loopholes, the international legal framework is worthy of consideration in order to understand how business activities should be conducted. Since many multinational enterprises have their home corporations incorporated under the law of European countries, the European legal framework plays a crucial role in identifying the applicable rules and the available remedies for victims.

Detailed programme
- The international legal framework on business and human rights (B&HR)
- The State duty to protect human rights, with a focus on the European Convention on Human Rights
- Corporate responsibility to respect human rights and human rights due diligence
- Corporate social responsibility (CSR) and codes of conduct
- The EU legal framework on CSR and B&HR
- Access to remedies: the EU and US perspectives
- The attribution of jurisdiction and the applicable law in B&HR cases: private international law issues
- The ongoing negotiation of a binding treaty on B&HR.
A good knowledge of international law is recommended.
Metodi didattici
This course aims at giving students the skills to develop professional careers in the field of business and human rights, with a specific European and international legal background. In order to stimulate students' active participation and problem-solving skills, the course (42 hours/year) includes lectures, mock trials (i.e. the simulation of legal proceedings), and case studies. Practitioners and experts will be invited as speakers and will give insights about their professional experience in the field.
Class attendance (70%) is compulsory. The working language is English.
Specific readings and didactic materials, as well as PPT about the single classes, will be uploaded on ARIEL.
Materiale di riferimento
Angelica Bonfanti (ed.), Business and Human Rights in Europe. International Law Challenges (Routledge 2019).

Further readings and didactic material are uploaded on the ARIEL web-page of the course. The detailed syllabus is provided at the beginning of the course.
Modalità di verifica dell’apprendimento e criteri di valutazione
Students are evaluated either through partial assessments taken during the course (case-studies, mock trials, written test, work-in-team and individual presentations; the final mark in this case consists of the average of the marks obtained) or through an overall final oral exam.
Lezioni: 42 ore
Mercoledì ore 16-18
Dipartimento diritto pubblico italiano e sovranazionale (sezione diritto internazionale - piano terra) - a causa dell'emergenza coronavirus il ricevimento studenti si svolge online - si prega di contattare la Professoressa