By Robert Grabosch, Attorney at law

Claimants from all over the world have brought various lawsuits against non-US companies because of human rights being violated outside of the United States. Currently, a supposed clash of extraterritorial jurisdiction of civil courts with the international law principle of state sovereignty, or non-intervention, has put all litigation under the US Alien Tort Claims Act to a halt. The Notepad repeatedly commented on this kind of litigation (see the ATCA / ATS tags). In a post over at grabosch-law.eu, I try to explain that provisions of extraterritorial jurisdiction – i.e. jurisdiction in cases which have no or hardly any connection to the forum state – are well known in legal systems outside of the United States. At least from a German understanding of international law, civil courts’ jurisdiction is not at odds with the principle of non-intervention. Read the rest of this entry »

By Robert Grabosch, Attorney at law

The United Nations Human Rights Council has endorsed the Guiding Principles for Business and Human Rights as they were submitted in March 2011 by the Secretary-General’s Special Representative John Ruggie. Since the Guiding Principles claim to not create but restate international law and ask little of the states of the Global North, the endorsement by the Human Rights Council was foreseeable. It is exactly these low demands what has sparked stark criticism.[1] However, SRSG Ruggie resorted to pragmatism and vagueness rather than clarifying current international law.
Read the rest of this entry »

By Robert Grabosch, Attorney at law

A final proposal for Guiding Principles on business and human rights was recently submitted by SRSG John Ruggie to the Human Rights Council for endorsement in June 2011. Little has changed compared to the draft. Below, I am making some observations and predictions. Read the rest of this entry »

By Robert Grabosch, Attorney at law

The International Court of Justice has just read out its preliminary decision on the Costa Rica v Nicaragua border dispute. The court decided that both Nicaragua and Costa Rica must for now abandon the disputed Isla Calero, in particular Nicaragua must withdraw its civilian, security and military personnel on the island. In addition, the majority held that Costa Rica may send non-military personnel on the island, but only as necessary in order to safeguard the natural environment from damage.1

Read the rest of this entry »

By Robert Grabosch, Attorney at law


In November 2010, the UN Special Representative on the issue of human rights and transnational corporations has published a draft of his Guiding Principles, which aim to implement the ‘protect, respect and remedy framework’ across all kinds of businesses. One of the biggest shortcomings of the DGPs seems to be the absence of external monitoring mechanisms. The implementation of the Guiding Principles is left essentially to the very actors that have so far notoriously failed. Read the rest of this entry »

By Robert Grabosch, Attorney at law
John Ruggie, the Special Representative of the Secretary General on the issue of human rights and transnational corporation has recently released the draft for his Guiding Principles on business and human rights, which will mark the end of his 5 year mandate in 2011.

An issue running through all parts of the ‘protect, respect, remedy’ framework is that of legitimate policy demands that conflict with legitimate human rights demands. SRSG Ruggie recognizes the importance of this issue, but does not address it anywhere in his Draft Guiding Principles. Read the rest of this entry »

Follow

Get every new post delivered to your Inbox.

Join 91 other followers

%d bloggers like this: