Business and Human Rights : Emerging Challenges, Issues, and Trends / edited by Andreas R. Ziegler, Damiano Canapa, and Maria Izabel Cardozo.

Front Cover -- Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Tables -- Notes on Contributors -- Introduction Business and Human Rights: Emerging Challenges, Issues and Trends -- Introduction -- Part 1 Key Developments on Business and Human Rights -- Chapter 1 From International "Soft" Law to Law in Business and Human Rights: The Role of the UNGPS in the Development of Formal Sources of International Law -- 1 Introduction -- 2 The Reasons behind the Call for a Multilateral Treaty on Business and Human Rights -- 2.1 The Perceived Inadequacy of Non-binding Instruments -- 2.2 The Perceived Substantive Shortcomings of the UNGP s -- 3 The Beginning of the Treaty Process -- 4 Early Proposals on Substantive Aspects of the "Legally Binding Instrument" -- 4.1 The Proposed Complementarity with the UNGP s -- 4.2 Scope of the Proposed Instrument -- 4.3 Obligations of State Parties in the Context of Business Activities -- 4.3.1 Jurisdictional Obligations -- 4.3.2 Obligations with Respect to Legal Liability -- 4.3.3 Obligations with Respect to Access to Remedies -- 4.4 Corporate Human Rights Obligations -- 5 The Analysis of the 2023 Updated Draft of the "Legally Binding Instrument" -- 5.1 Preamble to the Treaty -- 5.2 Scope of the Proposed Treaty -- 5.3 Obligations of State Parties with Respect to the Regulation of Business Conduct -- 5.4 Obligations of State Parties with Respect to Access to Remedies for Victims of Corporate Adverse Human Rights Impacts -- 5.5 Obligations of State Parties with Respect to the Liability of Legal Persons -- 5.6 Obligations of State Parties with Respect to the Adjudication of Corporate Defendants -- 5.7 Obligations of State Parties with Respect to the Applicable Law in Claims against TNC s and Other Business Enterprises -- 6 Concluding Remarks.

Chapter 2 Corporate Lawyers and Climate Change: Perspectives from Professional Ethics and Business and Human Rights -- 1 Introduction -- 2 Corporate Lawyers and Their Impact on Climate Change -- 3 Professional Ethics and the Legal Profession -- 4 Business and Human Rights and the Legal Profession -- 5 Conflicts and Challenges between Professional Ethics and Business and Human Rights -- 5.1 Prominent Conflicts -- 5.2 Reframed Challenges -- 6 Potential Solutions and Example Obligations for Lawyers and Climate Change -- 7 Conclusion -- Chapter 3 Learning from the Conflict Dynamics in Ukraine: Towards a Conceptual Framework for Heightened Human Rights Due Diligence -- 1 Introduction -- 2 No Mere Side Effects of the Armed Conflict: Human Rights Violations in Ukraine and Their Implications for Business Conduct -- 3 General vs. Conflict-Sensitive Approaches to HRDD -- 3.1 The UNGP HRDD Framework and Its Misconceptions and Limitations -- 3.2 HRDD in Nascent Regulatory Practice -- 3.3 Raising the Bar: Conflict-Sensitive Approaches to HRDD -- 4 Framing Heightened HRDD: Any Insights from Ukraine? -- 4.1 Operational Proximity to Conflict as a Precondition for hHRDD -- 4.2 Agent-Specific Considerations Influencing Corporate Obligations -- 4.3 The Rights-Holders' Perspective -- 4.4 What Are the Consequences of hHRDD? -- 5 Conclusions -- Chapter 4 The Relevance of Mandatory Human Rights and Sustainability Due Diligence for the Greening of EU Antitrust Law -- 1 Introduction -- 2 The Sustainability Turn in Antitrust Law -- 2.1 The EU Green Deal Agenda for EU Competition Law -- 2.1.1 The Path towards Greening EU Antitrust Law -- 2.1.2 Horizontal Sustainability Agreements -- 2.1.3 Vertical Agreements, Abuse of Dominance, and Merger Control -- 2.2 National Initiatives -- 3 Obligations on Undertakings under Mandatory HRDD Legislation.

3.1 The UNGP s as the Origin of Mandatory HRDD Legislation -- 4 National Initiatives: Mandatory Human Rights Due Diligence -- 5 Envisaged Sustainability Obligations under the EU Directive (CSDDD) -- 6 Delineating the Interface between the CSDDD and EU Competition Law -- 6.1 The Characteristics of the Companies in Question -- 7 The Nature of the Agreement or Behavior in Question -- 8 The Nature of the Sustainability Objective -- 9 Conclusion -- Part 2 Responsibility to "Respect Human Rights" across Different Industries -- Chapter 5 Shared Responsibility for Human Rights in the Algorithmic Age: Why Business Should Be the States' Ally to Eliminate Discrimination -- 1 Introduction -- 2 Self-binding AI Principles and Ethical Standards (Soft Law) -- 2.1 The Main Principles in Non-binding Guidelines -- 2.2 Limits and Shortcomings -- 2.3 Concrete Guidance Addressed at AI Developers -- 3 The Role of Business to Preserve Human Rights -- 3.1 Business Responsibilities to Avoid Human Rights Harm and Discrimination throughout the Lifecycle of AI Systems -- 3.2 The Tools of the Soft Law Instruments and Proposed Regulatory Frameworks to Achieve Non-discriminatory AI Systems -- 4 Legislative Human Rights Frameworks for AI (Hard Law) -- 4.1 UN Level -- 4.2 Council of Europe Level -- 4.3 European Union Level -- 5 Avoiding a Shift from Classical Public Lawmaking towards Private Rule-Setting: Advantages and Limits of Including Businesses in Private Regulatory Tasks to Avoid Discrimination -- 5.1 Advantages of Involving Businesses: Expertise -- 5.2 Limits of Involving Businesses in the Regulation of AI: Lack of Legitimacy and Private Interests -- 6 Elements and Recommendations for a Potential "Shared Responsibility" Framework between Business and States -- 7 Summary and Concluding Remarks.

Chapter 6 Reasonable Accommodation as a Tool for States and Businesses to Cope with the UNGPS -- 1 Introduction -- 2 A Very Brief Lexicon -- 2.1 Equality - Discrimination - Diversity -- 2.2 Integration - Inclusion -- 3 Integration through the Workplace -- 3.1 The Workplace: Place of Diversity and Integration -- 3.2 Equality and Integration: Two Sides of the Same Coin -- 4 The Workplace according to the UNGP s -- 4.1 Common Considerations -- 4.2 Transversability of Human Rights -- 4.2.1 The Principle -- 4.2.2 UNGP s and Transversability -- 4.3 The Vulnerability in the UN System and the UNGPs -- 4.3.1 The Notion -- 4.3.2 The Contextual Understanding of Vulnerability -- 4.3.3 What Does Paying Attention to Vulnerable Groups Mean? -- 5 The Reasonable Accommodation: How to Cope with Integration in the Workplace -- 5.1 Reasonable Accommodation as a Key Concept -- 5.1.1 The Notion -- 5.1.2 The Three Features of Reasonable Accommodation -- 5.1.2.1 A Disadvantageous Situation -- 5.1.2.2 A Dialogue -- 5.1.2.3 A (Un)reasonable Solution -- 5.2 Some Examples of Reasonable Accommodation -- 5.2.1 Cloutier - An American Case -- 5.2.2 Bergevin - A Canadian Case -- 5.2.3 Dahlab - A Swiss Case -- 5.3 Reasonable Accommodation and the UNGP s -- 5.4 The Integration of Minorities in the Workplace through Reasonable Accommodation -- 6 How Can States Implement Reasonable Accommodation in the Legal Order: The Swiss Example -- 6.1 Foreword -- 6.2 A Comparative Analysis -- 6.2.1 The Basis of the Prohibition of Discrimination - A Quick Overview -- 6.2.1.1 In the United States -- 6.2.1.2 In Canada -- 6.2.1.3 In Switzerland -- 6.2.2 The Political Envision of Diversity -- 6.2.2.1 In the United States -- 6.2.2.2 In Canada -- 6.2.2.3 In Switzerland -- 6.2.3 The Workplace as a Special Matter in Switzerland -- 6.2.3.1 The Swiss Principle of Private Autonomy.

6.2.3.2 A Reminder - The Call for Transversability -- 6.3 Departing from Similarities … -- 6.4. … to Constructing a New Obligation - A Constitutional Change of Interpretation -- 6.5 Considering the Social Impacts of Reasonable Accommodation -- 6.5.1 The Pitfall: The Quebec Crisis of Accommodations -- 6.5.2 The Situation in Switzerland -- 7 Reasonable Accommodation as a Business Policy -- 8 Conclusion -- Chapter 7 Venture Capital and Human Rights Due Diligence: Time to Act -- 1 Introduction -- 2 Setting the Scene: What Is the Issue? -- 2.1 Who Are Venture Capital Investors and Why Do They Matter in the Context of Human Rights Implementation? -- 2.2 What Are the Challenges Faced by Venture Capital Investors When Trying to Integrate Human Rights Considerations in Their Processes? -- 2.3 What Regulatory Frameworks Apply to Venture Capital and Human Rights? -- 3 Time to Act: How Can Venture Capital Investors Implement Human Rights Due Diligence? -- 3.1 What Measures Can Venture Capital Investors Implement? -- 3.1.1 Sourcing Deals -- 3.1.2 Conducting Due Diligence -- 3.1.3 Negotiating the Terms -- 3.1.4 Managing the Investment -- 3.1.5 Exiting the Position -- 4 Conclusion -- Chapter 8 Risk-Creating Industries' Obligation to the Right to Health -- 1 Introduction -- 2 Internationally Recognized Human Rights -- 2.1 The Right to Health -- 2.2 The Right to Adequate Food -- 3 Business and Human Rights Challenges and Normative Framework -- 3.1 Horizontal Effect of Human Rights -- 3.2 Existing Business and Human Rights Normative Framework -- 3.3 The Responsibilities of the Food and Sweetened-Beverage Industry -- 4 An Innovative Normative Movement towards Business and Human Rights: A Call for Direct Accountability upon Corporations -- 4.1 Milieudefensie et al. v. Royal Dutch Shell PLC -- 4.2 A Legally Binding Treaty -- 5 Conclusion.

Chapter 9 From Non-discrimination to the Guiding Principles and Back: How the Olympics Have Addressed Human Rights until Today.

The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book explores the interface of Business and Human Rights with other practice areas, such as antitrust, arbitration, artificial intelligence, investment law, finance, private international law, professional ethics, labor law, sports law, venture capital, among others. It presents contributions from a diverse and international group of academics, researchers, and practitioners in Europe, Asia, and South America. It also includes the International Bar Association's Updated Guidance Note on Business and Human Rights for lawyers, which represents a relevant policy development in the intersection of Business and Human Rights and professional legal ethics.