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Business and Human Rights Law

Module description

Business and Human Rights Law provides a captivating introduction to this fast-moving topic of global importance. Business is everywhere and it impacts us all, whoever we are and wherever we may live. This module examines the obligations of business to uphold human rights and traces the development of a nascent international legal framework tailored to this aim.

You should take this module if you are interested in enhancing your knowledge and understanding of the human rights implications of business; responsible business practices; and the protection of human rights at the international, regional and domestic levels.

No prior knowledge of business or international human rights law is required.

Module aims - intentions of the module

This module aims to support you in developing detailed knowledge and understanding of business and human rights law. It provides the theoretical, conceptual and legal grounding needed for you to confidently engage in the effective discussion of human rights challenges in the business context. Its content is informed by key texts and the latest research, and the module is permeated by pertinent contemporary case study examples from around the world. It is research-enriched, not only in respect to the content covered but also in its learning approach, with student-led research at its core. This is a cross-campus, interdisciplinary module that, by bringing together students, academics and practitioners from across business and law, and from across the University of Exeter’s campuses, delivers a learning experience that exemplifies the importance of collaboration in the exploration and resolution of contemporary global challenges.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. Demonstrate detailed knowledge and understanding of business and human rights law.
• 2. Demonstrate critical awareness of the pervasive impacts of business practices on international human rights protection.
• 3. Demonstrate critical awareness of the place of human rights in the private sphere.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 4. Identify, assess and integrate relevant information from a breadth of suitable sources using appropriate interpretative techniques.
• 5. 5 Select, synthesise and critically assess the existence, application and implementation of international human rights normative provisions in the business context.

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 6. Demonstrate confidence in articulating complex legal, theoretical and conceptual content using an interdisciplinary approach.
• 7. Produce analytically compelling, research-informed work that presents a persuasive and appropriately nuanced argument on a topic relevant to a theme or themes covered on the module.
• 8. Work independently, efficiently managing one’s time in the preparation of scheduled learning activities, exercises and assessments.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• The origins and evolving nature of the modern corporation.
• The intersection of business practices and human rights protection, with case studies from several sectors, including, for example, the garment industry, pharmaceuticals, and the extractive industries.
• The evolution and shortcomings of accountability under State-centric human rights and the limits of corporate social responsibility. 
• The development and implementation of an international legal framework specific to business and human rights, and the role of business in upholding international human rights law.
• Judicial and non-judicial remedies.
• Future developments.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• Addo MK, The Legal Nature of International Human Rights (Martinus Nijhoff Publishers 2010).
• Buhmann K, Roseberry L and Morsing M (eds), Corporate Social Human Rights Responsibilities Global Legal and Management Perspectives (Palgrave Macmillan 2011).
• Deva S and Bilchitz D (eds), Human Rights Obligations of Business: Beyond the Corporate Responsibility to Respect (Cambridge University Press 2013).
• Deva S and Bilchitz D (eds), Building a Treaty on Business and Human Rights
  Context and Contours (Cambridge University Press 2018).
• Evans M (ed), International Law (5th edn, Oxford University Press 2018).
• Newton E, The Business of Human Rights: Best Practice and the UN Guiding Principles (Routledge 2019).
• Palombo D, Business and Human Rights: The Obligations of the European Home States (Hart 2020).
• Rodriguez-Garavito C, Business and Human Rights: Beyond the End of the Beginning (Cambridge University Press 2017).
• Smith R, International Human Rights Law (9th edn, Oxford University Press 2020).

Indicative learning resources - Web based and electronic resources

• ELE – College to provide hyperlink to appropriate pages
• British Institute of International and Comparative Law, Business and Human Rights: www.biicl.org/categories/business-and-human-rights
• Business & Human Rights Resource Centre: www.business-humanrights.org/en
• Institute for Human Rights and Business: www.ihrb.org
• UN Office of the High Commissioner for Human Rights, Business and Human Rights: www.ohchr.org/en/issues/business/pages/businessindex.aspx
• UN Working Group on Business and Human Rights: www.ohchr.org/EN/Issues/Business/Pages/WGHRandtransnationalcorporationsandotherbusiness.aspx
• UN Forum on Business and Human Rights: www.ohchr.org/EN/Issues/Business/Forum/Pages/ForumonBusinessandHumanRights.aspx

Indicative learning resources - Other resources

• International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
• International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.
• UN Human Rights Council, ‘Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’ (21 March 2011) UN Doc A/HRC/17/31.
• Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and other Business Enterprises (Zero Draft Text) (16 August 2018):  www.ohchr.org/documents/hrbodies/hrcouncil/wgtranscorp/session3/draftlbi.pdf

Key words search

Business, law, human rights, companies, corporate responsibility