Eu law on business and human rights

A.A. 2023/2024
6
Crediti massimi
42
Ore totali
SSD
IUS/13
Lingua
Inglese
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
Corso singolo

Questo insegnamento può essere seguito come corso singolo.

Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
Secondo semestre

Programma
Transnational business activities can have an impact on the enjoyment of the entire spectrum of the internationally recognized human rights. Corporate violations of fundamental rights (such as the rights to health and life), the core labor 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 human and labor rights and the environment, on the other hand. The course focuses on the main international and European legal instruments regulating the activities of multinational corporations, the most relevant legal disputes, and the innovative solutions currently under negotiation by the EU and the United Nations.

Detailed program:
- 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 and its case-law
- Corporate responsibility to respect human rights
- Corporate social responsibility vs. human rights due diligence
- Human rights due diligence: domestic, European and international developments
- Access to remedies: the EU and the US perspective and case-law
- The attribution of jurisdiction and the applicable law in B&HR disputes: private international legal issues
- Climate change litigation
- Towards a European directive on corporate sustainability due diligence
- The negotiation of a UN binding treaty on B&HR
Prerequisiti
The knowledge of international law is recommended.
Metodi didattici
The course combines traditional lectures with more interactive activities (such as case-studies, presentations and mock trials). Practitioners and experts will be invited as speakers and will give insights about their professional experience in the field. Attendance is mandatory (75%). The working language is English.
Materiale di riferimento
TEXTBOOK: A. Bonfanti (ed.), Business and Human Rights in Europe. International Law Challenges, Routledge, 2019.
READINGS: the detailed syllabus and the mandatory/suggested readings and teaching materials (e.g. legal instruments and decisions) will be uploaded on the course's website.
Modalità di verifica dell’apprendimento e criteri di valutazione
The exam can be taken either through partial assessments (oral and written tests, presentations and solution of case-studies) or one oral overall exam.
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 42 ore
Docente/i
Ricevimento:
Martedì ore 16.30-18.30
Dipartimento diritto pubblico italiano e sovranazionale (sezione diritto internazionale - piano terra) - si prega di contattare la Professoressa all'indirizzo email [email protected]