Robert McCorquodale
@InclusiveLaw
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Experienced legal academic and practitioner in business and human rights. Member of UN Working Group on Business and Human Rights. Tweets in personal capacity.
Joined December 2017
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I am pleased that my book on Business and Human Rights has been published by Oxford University Press:
The aim is for it to be accessible to all interested in the developments in this fascinating field. Available in hardback and paperback.
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I am pleased to be on the legal team representing the Chagossians.
Chagos islanders' exile is ongoing breach of human rights, court told
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Whatever view may be taken on Brexit, relying on an international law argument of fundamental change of circumstances to avoid the backstop would not be successful.
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I saw this publication by
#UKSupremeCourt
on the key
#PIL
cases before the Court in its first 10 years. Very surprised to see that I was legal counsel in 2 of the 10 cases listed (Bancoult 3 and SerVaas)!
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Very flattered to be considered one of three “eminent practitioners” in
#bizHR
#BHR
. Perhaps it just means I have been doing this for too many years!
54 members of Brick Court Chambers and 4 door tenants are ranked in 9 practice areas - along with Brick Court as a set ranked in 4 practice areas in
@ChambersGuides
Global 2020.
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Very clear decision in
#Vedanta
that a parent company can owe a duty of care to those impacted by the actions of its foreign subsidiary.
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Delighted that the
#ICJ
has made such a clear decision on the illegality of the UK’s actions over
#Chagos
. Fabulous to work with such an amazing team representing
#Vanuatu
before the
#ICJ
:
@suigenerisjen
,
@nicola_peart
and
@KoubackPatricio
Celebrating the historic
@CIJ_ICJ
decision today on
#Chagos
with
#Mauritius
Solicitor-General Mr Dabee & Madame Liseby Elyse who gave powerful testimony about her experience being expelled: Delighted we supported them for
#Vanuatu
in this brilliant outcome
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Lord Wilson in
@UKSupremeCourt
highlighted that the submission of the
@corecoalition
and
@ICJ_org
showed that the direction of travel in the international community is towards parent company liability. Correct!
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UK government issues white paper proposing imposing a duty of care on directors of social media platforms for harms. Could this form of regulation expand to directors of businesses where decisions are made which lead to human rights harms?
#BizHumanRights
;
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I have just had the enormous honour to represent
@Vanuatu
before the
@ICJ
in the
@Chagos
Case, with the superb legal team of
@suigenerisjen
and
@nicola_peart
. Thank you so much. See on 6 Sept from 1.06 minutes in.
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The UN Working Group on Business & Human Rights is developing gender guidance to the UNGPs. Great idea!
Full details and specifics are available here:
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@CarlosLopezGVA
@SZarifi
@Shell
@saliltripathi
@ProfSuryaDeva
@corecoalition
@NickDeMulder1
I am delighted to have been a lawyer acting for
@ICJ_org
and
@corecoalition
in this case
#Okpabi
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Sitting at the judges bench at the
#uksupremecourt
- an unusual location for me! - for
@UoN_Law
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Fantastic that
#ICLQ
is top-ranked international law journal
ICLQ performed excellently in the 2018 Impact Factor and is now the top-ranked peer-reviewed journal in International Law! Read More here:
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Crucial decision about the application of the right to self-determination by
#ICJ
. It was an honour to represent
#Vanuatu
with
@suigenerisjen
@nicola_peart
and
@KoubackPatricio
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It is appalling, misguided and short-sighted. One of the major reasons for the international reputation of
@UNSWLaw
is due to their phenomenal and impressive scholars in international law.
@InclusiveLaw
To be clear: it's international human rights academics
@UNSWLaw
who have been targeted as 'redundant'
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Wonderful articles in ICLQ
Vol 67(4) is now available online, featuring articles by Lord Mance, Professor Alan Boyle and Marko Milanovic, among other excellent authors:
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I am honoured that
@SndorLnrd1
interviewed me about the developments in
#BHR
. These are now published by Mandiner and is available here, with any useful insights probably due to clever editing:
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Important case in Canada with similar issue before UK Supreme Court in mid-January
Historic test case before Supreme Court of Canada: Can a Canadian company be sued in Canada over the alleged use of slave labour and other human-rights abuses at an overseas operation?
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Fascinating ICJ case next week about Chagos Islands and the right of self-determination: . Key issue is about whether since 1960 a colonial power could lawfully divide a colony however and whenever it wishes. I will be there.
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#UK
announces first
#humanrights
sanctions under the Sanctions and Money Laundering Act 2018
#UK
announces first sanctions under new global
#humanrights
regime h/t
@mevhtprobono
@bukeniwaruzi
-
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Well done to
@conorgearty
to be made a QC. Fully deserved for all his many contributions to law, scholarship and inspiration to law students and others
Well done to Prof.
@conorgearty
QC, another Irishman who (like Jamie) has used his professional life to bring social & economic rights alongside other human rights, like the right to life -> 6/
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Question: what is the value of NAPs for victims of BHR abuses, as NAPs are not able to be used to found any claim or to bring any company (or state) to account and they do not necessarily lead to any specific regulation?
#UNForumBHRPlenary
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Bravo. I am delighted that this
#ANZSIL
international law trivia quiz is still going more than 20 years after Hilary Charlesworth and I started it.
Who won international law trivia? We did!!
#ANZSIL2019
@mcormi1
@shannonmtorrens
@RainLiivoja
@juliettemm
@TaraApsara
@AnnaBLaw
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Good and bad news. Great that it had a popular majority but sad that not a majority of cantons, so that Initiative did not succeed. This time.
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Delighted that our article on the admissibility of a
#WikiLeaks
document is published. It has broad application worldwide.
Vol 9, Pt 1
@UKSC_Yearbook
with Lord Reed
@UKSupremeCourt
, Sir G Vos, Kiefel CJ
@HighCourtofAus
, McCorquodale
@brickcourt
@UoN_Law
, Kosmin
@11KBW
, Mitchell
@UCLLaws
, Lieven J,
@JensMScherpe
@Cambridge_Uni
, Nolan & McKendrick QC
@OxfordLawFac
. Available @
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Excellent analysis of the French law by two of the world’s leading practitioners in
#BizHR
Stéphane Brabant & Elsa Savourey's 2-part blog post surveying cases brought under the French Corporate Duty of Vigilance Law is now available in both English () and French () on the
#BHRJ
Blog!
#bizhumanrights
#duediligence
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Speaking at the
#BHRTreaty
session today. Good engagement by States and civil society on the issue of prevention
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A privilege to moderate this excellent and informative panel on the important issue of
#BHRmediation
.
@InclusiveLaw
and the excellent panel chaired by him emphasises the role of mediation in providing access to remedy for individuals and communities affected by business-related activities
#UNForumBHR
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Important series of cases for all businesses and stakeholders in
#bizhumanrights
It’s
#StandUp4HumanRights
Day and companies must play their part. Here are 6 crucial cases we’re following closely where courts can hold companies to account for
#humanrights
abuses abroad. A
#bizhumanrights
thread:
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Excellent interview of the impressive
@JTasioulas
Philosopher John Tasioulas (
@JTasioulas
) on justice, life lessons, and what people need to understand about human rights.
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Bravo! Very good news!
BREAKING: Based on the findings of the
@BIICL
-led study on mandatory due diligence, the European Commission announces a legislative initiative. Find the full study here:
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Wonderful news and fully deserved. I am really delighted for you
@Gabrielellell
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Great session
@LCIL2019
on challenges to human rights with Mary Arden,
#AmalClooney
and Sarah Cleveland
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Wonderful to be back at
@ANU_Law
Challenges and trends in regulating corporate
#humanrights
impacts:
@ANU_Law
welcomes (back) a week of our alumn Prof. Robert McCorquodale
@InclusiveLaw
(event here: )
#bizhumanrights
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A brief blog about climate change and business responsibilities for COP26:
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I am pleased to have acted as part of the legal team in this Intervention by
@corecoalition
and
@ICJ_org
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@kevinjonheller
This is deeply sad news. Rob Cryer was a wonderful colleague
@UoN_Law
, a brilliant, widely-read and insightful international lawyer, a caring teacher and supervisor, and a fun person to be with. He will be greatly missed.
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I am pleased to have acted as part of the legal team in this Intervention by
@corecoalition
and
@ICJ_org
UK Supreme Court should recognize Shell’s responsibilities for devastating rights impacts of Niger Delta oil spills, say
@ICJ_org
@corecoalition
via
@ICJ_org
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Brilliant discussion by leaders in the field on the current issues:
@philippesands
and Gian Luca Burci. Great facilitation by
@ConstantinYiall
of
@BIICL
On now: COVID-19 and International Law: What went wrong and what can we learn from it? Philippe Sands in conversation with Gian Luca Burci
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Intelligent and powerful statement by
@TaraVanHo
about the value added by academics in
#bizhumanrights
In Part 2 of her post on the
#BHRJ
Blog,
@TaraVanHo
explains the significance of her counting the number of academics, particularly women academics, participating in the
#UNForumBHR
#bizhumanrights
#genderrepresentation
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Highly recommend this course led by
@commentator01
DSC and
@UoNHRLC
will be co-hosting a one-day training course covering key international and regional mechanisms for social rights advocacy and litigation, including the United Nations, Council of Europe and the European Union.
More info and tickets here:
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@ARamasastry
@WGBizHRs
@UN_SPExperts
I am humbled and honoured to be appointed.
@ARamasastry
was brilliant in this role.
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Stuart Neely and I have just published an article on Director's Duties and Human Rights, see
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I agree. Wonderful tribute to Sheldon Leader
Thought-provoking panel on Corporate Actors and Human Rights with
@ProfSuryaDeva
@ChiaraMacchi7
Doug Cassel and
@RauSabrina
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Interesting approach of crowd-drafting in designing human rights compatible international investment agreements, at
#UNForumBHR
, with variety of views by panel.
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Great article by
@DariaDavitti
"The Rise of Private Military and Security Companies in European Union Migration Policies: Implications under the UNGPs" by
@DariaDavitti
in
#BHRJ
4:1, the Special Issue on Business, Human Rights and Security:
#bizhumanrights
#UNGPs
#EUMigrationPolicies
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Very well done to
@PenelopeSimons1
on being awarded the Walter S Tarnopolsky Award for significant contribution to human rights Bravo!
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Indonesian Supreme Court upholds corporate liability for forest fires
#Indonesia
Supreme Court upholds largest-ever fine ($69M) on plantation company for causing forest fires in "major victory for the
#environment
", signally companies will be held accountable for
#environmental
damage
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I am delighted to moderate the session on Mediation as viable access to remedy? With speakers from communities and practice, and seeking feedback from all participants at 2019 UN Forum on Business and Human Rights
@WGBizHRs
#UNForumBHR
#bizhumanrights
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Insightful and knowledgeable blog by the expert
@Gabriellellell
Vedanta v. Lungowe Symposium: A Non Conveniens Revival–The Supreme Court’s Approach to Jurisdiction in Vedanta
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Vitally important study. A pleasure to be part of it.
Delighted to announce that our
#bizhumanrights
study for the European Commission (DG Justice and Consumers) on due diligence requirements through the supply chain is out . It is available here:
@siddhartesse
@BIICL
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Excellent lecture and deservedly won the best
@ICLQ_jnl
article in 2019
My two fabulous
@KCL_Law
colleagues, Philippa Webb and
@RosanaGarcianda
, co-delivering their ICLQ Annual Lecture on modern slavery at
@BIICL
tonight. Chaired by Sir Malcolm Evans.
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Thank you so much
@TaraVanHo
for your expert summaries and commentaries of so many sessions of the
#UNForumBHR
Our future is mandatory measures. Evidence shows voluntary measures don't work. Broad agreement from all stakeholders that mandatory measures should be based on
#UNGPs
. -
@ARamasastry
#bizhumanrights
#UNForumBHR
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An honour to represent
@corecoalition
and
@ICJ_org
in their important intervention in
#Vedanta
before
@UKSupremeCourt
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#Vedanta
hearing in
@UKSupremeCourt
, Claimants refer to helpful intervention by
@corecoalition
and
@ICJ_org
as showing the emerging international soft law framework on parent company liability, and as useful context for UK arguments, as UK and EU law should be consistent with it.
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An important report by the
@WGBizHRs
and with reliance on the very good work of
@raidukorg
RAID has been cited in the
@UNHumanRights
report on the working group making the essential link between
#bizhumanrights
and anti-
#corruption
. See the report here:
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You have been superb
@profsarahj
and have transformed the
@CastanCentre
. You will be missed there
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@fernanda_ho
@dsolawuyi
@WGBizHRs
Many congratulations
@dsolawuyi
. I am looking forward to working together with you
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It was a pleasure writing this with the wonderful
@suigenerisjen
and
@nicola_peart
, and to engage with the very knowledgeable Stephen Allen
@QMSchoolofLaw
Interested in
#chagosislands
#ICJ
Advisory Opinion?
The ICLQ January issue has two articles covering it, by Stephen Allen
@QMSchoolofLaw
on self-determination and by Robert McCorquodale
@InclusiveLaw
, Jennifer Robinson
@doughtystreet
and
@nicola_peart
on territorial integrity.
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Excellent development in
#BizHumanRights
about
#HRDD
Dutch supermarket
@albertheijn
publishes new human rights and due diligence policy in response to
@Oxfam
campaign: |
#UNGP
#BizHumanRights
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Too many companies globally are ignoring their
#HumanRights
obligations and governments are failing to regulate and lead by example in business practices —
@WGBizHRs
.
➡️
#bizhumanrights
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Good news for all that we can read this excellent research by
@JNStefanelli
I'm excited to announce that my doctoral research on immigration detention will be available from
@hartpublishing
in the new year!
If you're so inclined, you can pre-order here:
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Very pleased to see the impact of
@BIICL
report on human rights due diligence in the supply chain by
@Gabriellellell
@siddhartesse
and
@InclusiveLaw
in report by
@WGBizHRs
to
#UNGA
.
Delighted to see that the
@WGBizHRs
has cited the findings of our
@BIICL
report on human rights due diligence in supply chains in its report to
#UNGA
@siddhartesse
@InclusiveLaw
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Great response by
@TaraVanHo
to the sensible comments by
@KDanielAguirre
. Any decision in a home state is unlikely to discourage legal capacity building in host states but should discourage TNCs from causing or contributing to human rights abuses in ALL their operations worldwide
Also, when businesses breach human rights, and are trying to defeat
#bizhumanrights
claims on procedural grounds, are we really to believe they care about increasing the strength of the judiciary in the host states? 8/8
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So well deserved; the wonderful
@justine_nolan
is now a professor!
Congratulations
@justine_nolan
and
@HengWANG_law
who've been appointed the role of professor!
Justine and Heng have made distinguished contributions to scholarship in their field and both have a remarkable record of global leadership and impact.
@UNSWLaw
is proud to have you!
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🚨ECHR CONDEMNS ITALY IN THE ILVA CASE
👉
#Italy
failed to protect its citizens' right to private life and right to an effective remedy
👉We urge Italy to remedy the environmental and health crisis created by ILVA
#ECHR
#ILVA
#BindingTreaty
1/8
Read more:
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It was a pleasure to attend this excellent event where there were fascinating insights
A privilege to attend the workshop on Modern Slavery & State Responsibility at
@KCL_Law
today co-organised by Dr Philippa Webb and
@RosanaGarcianda
. Panel here with Prof Parosha Chandran and
@InclusiveLaw
.
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12 states made promises to improve and increase regulation of
#bizhumanrights
at the session on state actions at
#UNForumBHR
. Hope these promises are all put into action!
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Clever reminder. You were a brilliant and insightful Special Advisor to the
@HumanRightsCtte
,
@vmantouvalou
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@amolmehra
@NadiaBernaz
@ATriponel
@justine_nolan
@TheDanNeale
@ProfErikaGeorge
@ARamasastry
@TaraVanHo
@LRoordaLaw
@lawsofrule
I think it is a mix of clever and innovative (within existing legal parameters) legal arguments by claimant lawyers, removal of forum non conveniens helped by Brussels I (now under threat) and openness to international and comparative examples by U.K. judges. Not yet merits decn.
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Another intelligent piece by the clever
@SaraSeck
about care needed in using “extraterritorial” in
#BizHumanRights
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Important submission in Vedanta. Congratulations to
@corecoalition
and
@ICJ_org
for prompting this submission.
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Just finished first day of 4th session of
#IGWG
about
#BizHumanRights
and
#BindingTreaty
. Mainly States and others giving opening statements plus great talk by
@Gabymquijano
. Looking forward to giving my “expert comments” tomorrow afternoon on prevention and
#HRDD
.
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Wonderful news
@JTasioulas
. Your intelligence, insights and networks will enhance this Institute. They are very fortunate to appoint you.
Some personal news. Next month I will be moving to
@UniofOxford
as Director of the Institute for Ethics in
#AI
& Professor of Ethics & Legal Philosophy. I am humbled and excited by this incredible opportunity to advance AI ethics.
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Very useful thread on US law and company responses by
@TaraVanHo
Important
#bizhumanrights
development. US does not yet have a mandatory
#duediligence
law, but this customs enforcement puts businesses on notice that failing ti account for the
#humanrights
impacts of their supply-chains can be costly. A few tougher things need to be said:
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Also argued in
@UKSupremeCourt
that to hold a parent company has more protection than other companies from having a duty of care would “go against the direction of travel” of the law.
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Great case discussion on
#Vedanta
by
@TaraVanHo
If you're not tired reading my
#bizhumanrights
thoughts, here's my Vedanta case discussion for AJIL. I recognize but refute concerns that parent companies will simply respond to the judgment by refraining from adopting
#bizhumanrights
policies.
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You are both fantastic academics and people no matter what clothes you may wear
@djag2
and
@AntheaERoberts
@djag2
@SarahTh1n
25 years later,
@djag2
is still in a three piece suit and I’m still in jeans. Some things never change ...
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Important case on corporate accountability in Thailand
A major precedent for transboundary corporate legal accountability in Southeast Asia was set today in Bangkok.
Not to mention a major legal victory in a 10-year struggle for justice by the Oddar Meanchey communities. We are so happy for you today. ♥️
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All these were devised and brought to fruition by your impressive skills
@JTasioulas
Some great past international law discussions at
@YTLKings
(1) David Caron, me, Dire Tladi, Carmen Pavel,
@kletzer
; (2)
@suigenerisjen
, Philippa Webb,
@AnnaNeistat
; (3) Gerald Neuman,
@RosanaGarcianda
; (4)
@InclusiveLaw
, John Ruggie.
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Important case of a French business being charged with crimes against humanity
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A great pleasure to chair this excellent panel of
@TaraVanHo
,
@sniffleshuffler
and Suzanne Spears.
International-level dispute resolution for mass claims and human rights claim event at
@BIICL
- second panel opened with a very engaging presentation
@TaraVanHo
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Insight blog by the thoughtful and experienced Doug Cassel
Vedanta v. Lungowe Symposium: Beyond Vedanta–Reconciling Tort Law with International Human Rights Norms
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Important case for the rule of law and interpretation of international law.
South Africa is ordered to undo termination of SADC Tribunal jurisdiction
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Hilary Charlesworth for her inspiring ideas and for her unfailing support of others, done with kindness and generosity of spirit.
Please name a female academic (current, retired, or deceased; well-known, or unknown; any discipline; any country) whose story inspires you, and explain why you find her inspirational. (I am in the mood for inspirational stories.)
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Court of Appeal dismisses appeal of Sierra Leone claimants based on vicarious liability of mining company linked to state police’s violent actions against the claimants:
Earlier this week, the English Court of Appeal dismissed the appeal in the African Minerals (Sierra Leone) case. Coulson LJ gave the judgment. It's required (and sobering) reading for
#bizhumanrights
lawyers.
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@ProfSuryaDeva
@WGBizHRs
@BizHRAsia_UNDP
@IWRAW_AP
@forum_asia
@FairFinanceInd
@ManushyaFdn
@saliltripathi
@arpithakodiveri
@profhuq
@hkjohnsonyeung
@AngkhanaNee
@ajkashy
@DebbieStot
@Mustafa_Qadri
@sociopreneur
@Atomicalandy
@ProfSuryaDeva
- you have been brilliant on the
@WGBizHRs
and will be greatly missed by many in the
#BizHR
community.
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Great sessions at
#teachBHR19
Final session of
#teachBHR19
with a fantastic panel discussing tools for accountability in the
#bizhumanrights
context with
@NadiaBernaz
@dleader3
Doug Cassel and Rachel Chambers
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Great research
Join us for the launch of “The Use of Force in Relation to Sovereignty Disputes over Land Territory” Report on 9th Oct where the finding of the report will be discussed
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2019 was the year human rights due diligence came of age.
Read more in my
@eureporter
op-ed with
@BaerbelKofler
👉
#bizhumanrights
@BHRRC
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Great news for a vital body
@WGBizHRs
HRC extends
@WGBizHRs
mandate for 3 yrs: renewed call 4 states & businesses 2 implement UNGPs, HRC panel discussion in 2021, more regional work, closer collaboration with int/regional organisations, focus on role of NHRIs, all should consider recommendations re A2R.
@ARamasastry
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Wonderful news and thanks to my brilliant coauthors
@siddhartesse
,
@Gabriellellell
and Stuart Neely.
Bloody delighted to finally be able to share my latest article in
@InRights
capturing corporate practices on supply chain human rights due diligence, coauthored with the ever excellent
@siddhartesse
and
@InclusiveLaw
and twitter absent Stuart Neely
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