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RESEARCH

International and European Law

Human rights & business: regulação e deveres das empresas emergentes de normas de proteção de direitos humanos

projetos
Responsible Researchers:
Ana Rita Gil
External Researchers:
Nuno Cunha Rodrigues (FDUL; IE; Cat. Jean Monet); Elsa Dias Oliveira (FDUL); Jernej Letnar Cernic (Grad. Sch. of Govnmt. And Eur. Stud.Kranj); Martina Conticelli (Univ. Roma Tor-Vergata); Rui Lima (Morais Leitão); João Bernardo Silva (Morais Leitão); Matilde Folque (Morais Leitão); São Kan Wong (Morais Leitão); Sofia Pinheiro (Morais Leitão)
Consultants:
Carlos Blanco de Morais (LPL); Ana Maria Guerra Martins (LPL); Ricardo Paes Mamede (ISCTE)
Financing:
UIDB/04310/2020
Project Status:
Ongoing
projetos

Summary

The HR&B project aims to study the topic that, in English, is known as Human Rights & Business. At stake are links, for companies (private legal entities), emerging from norms that protect human rights — therefore, norms from an international legal source. There is an international legal framework for this topic, but also a European framework, in both cases still in the process of being formed. There are also separate national regimes that are important to study. The essential purpose of the project is to understand how these links are projected today, and how they may be projected in the future, in the life of companies, in aspects as diverse as their internal organization, production and distribution processes, relationship with their clients/consumers, and relationship with public authorities.

Objectives

The HR&B project's first objective is to map the various legal sources of this topic, at international, European and domestic levels. In fact, given the novelty of the matter in question, this mapping has not yet been carried out in a way that can be considered satisfactory, and even less so in the national legal panorama. The second objective is to identify the areas in which this legal framework is relevant, and which legal obligations actually emerge from it for companies, but also for the State, and how they contrast with non-legal (“soft”) duties that are usually considered as coexisting with those (“hard”) connections. At this point, it is necessary to consider the problem of the “hard” consequences of non-compliance with “soft” duties (for example, difficulties in accessing credit) and the legal relevance of this. Among the “hard” links, the identification of sanctioning regimes that already exist in different parts of the world and not just in Europe is particularly important. The third objective is the establishment of a framework of conduct for companies that allows them to comply with the obligations identified under the second objective. In fact, the identification of these links will not often be sufficient for companies to easily discover their specific duties, positive and negative, whether in terms of unilateral action or in the relationship with other companies that interact with them in the production processes, distribution or others. A fourth objective is to determine the role of the State and other public entities, national and supranational, in the context of HR&B. It is known, from the outset, that public authorities assume a normative and sanctioning role in this domain, and that this role has been intensifying through an increasingly dense normativity and sanctioning potential for non-compliance with normatively established duties. However, it remains to be clarified, technically and legally, exactly what the regulatory position of the various public authorities at international, European and national level translates into, and how they relate to each other.

Relevance

The HR&B theme is today one of the most challenging for legal science, and particularly for the science of Public Law. This amplitude corresponds to a quadrant determined by two different axes: that of the quantity of relevant legal-scientific aspects, and that of their depth. In fact, the problematic aspects raised by this issue are many, of great density or complexity, to which we must add their distribution across various branches of Public Law in particular (International Law, Administrative Law and European Law, in particular, but also Constitutional Law, and aspects of Political Science are also relevant — which, in fact, the Researcher Responsible for the project developed during the years in which the Legal-Political Sciences Group entrusted him with the management of that last discipline). This interdisciplinarity is further reinforced by the relationship with disciplines from other areas of legal science — namely, Legal-Economic Sciences and Legal Sciences, as, in fact, the composition of the research team reflects — and also with other scientific areas such as economics — which is also evident in the project’s team of consultants. The complexity and depth of the scientific relevance of the project cannot be enunciated in these brief lines except in a topical way, which is why its most salient points are still presented: i. The problem of non-state actors in International Human Rights Law and the susceptibility of International Law to create direct duties for private (non-state) entities. ii. The consequences of this for International Law in general. iii. The globalization of law as a consequence of the dynamics inherent in points i. and ii. iv. The responsibility of the State in relation to the actions of its nationals (especially legal entities) outside its territory when it contravenes human rights protection standards. v. Human rights as a domain of regulation by public authorities, and the correct identification of the latter in this context. saw. The rapprochement between phenomena of private power and typical manifestations of public power as justification for the extension to the former of typical mechanisms for protecting people from the latter (approximation between economic power and political power). One of the relevant scientific aspects is the extraterritoriality of European Law leveraged by HR&B regimes, a topic that the project's Principal Investigator is already developing with Prof. Doctor Nuno Cunha Rodrigues within the scope of the Jean Monet Chair of which he holds.

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