ICC Dossier No. 21 : Navigating the New Contents of International Public Policy: Compliance in Environment and Human Rights / Lauro Gama e Souza, Patrick Thieffry, Maria Inès Sola.

Format:

Book

Author/Creator:

Lauro Gama e Souza, author.

Thieffry, Patrick, author.

Sola, Maria Inès, author.

Language:

English

Subjects (All):

International commercial arbitration.

Physical Description:

1 online resource (308 pages)

Other Title:

ICC Dossier No. 21

Place of Publication:

Paris, France : Wolters Kluwer (Firm), 2023.

Summary:

"This Dossier XXI of the ICC Institute of World Business Law explores how compliance with environment and human rights requirements may trigger legal responses based on the various concepts of international public policy. On the one hand, there is an unprecedented movement towards an intensification of corporate governance and mandatory legal rules - international, regional and domestic - with respect to environmental (including climate-related) and human rights protection. On the other hand, these legal rules may be of such imperiousness as to qualify as international public policy, but probably not all of them with the same intensity, not independently of such factors as the responsible behaviour or the damages they seek to apprehend, and not without consideration of the prevailing legal principles in the country where they arise. As a result, judges and arbitrators should not be expected to respond in all such legal situations with a same level of curiosity and willingness to take action. The contributions in this Dossier are in all respects remarkable in view of the very new, and even prospective, problems they tackle. They start with establishing how compliance, the environment and human rights have become increasingly growing concerns for business and drawing a broad picture of the most striking, and largely converging, developments in both corporate governance and substantive law. These issues are then discussed on the ground of legal principles, both from theoretical and jurisdictional points of view, especially the various and often conflicting trends concerning international public policy. The same questions are subsequently considered from a more practical point of view, that of the roles of judges and arbitrators in environment and human rights-related transnational disputes. Last approached are the problems raised by the essential question of the effectiveness of compliance in environment and human rights."--Page 4 of cover.

Contents:

Evolving expectations on business responsibilities for the environment / Stuart Bruce

The 'hardening' and 'broadening' of norms on business and human rights / Douglass Cassel

International public policy, related concepts and legal regimes / Pierre Mayer

International public policy revisited

summary report / Galina Zukova

Human rights, environment and international public policy

key decisions of Switzerland's highest court / Dorothee Schramm

Climate change, human rights, and international public policy : an Asia-Pacific perspective / Swee Yen Koh, SC and Alessa Pang

U.S. public policy cases relating to the concepts of international public policy and public policy relating to the protection of human rights and the environment / Matthew Draper

Latin America perspective / Martim Della Valle

The duties and powers of judges and arbitrators in relation to public policy when faced with environmental and human rights issues / Lucinda A Low

The role of judges and arbitrators in transnational business and human rights disputes / Hélène Ruiz Fabri and Gustavo Becker

Role and responsibilities of States to ensure MNEs compliance with environment and human rights obligations / Makane Moïse Mbengue and Damien Charlotin

Effectiveness of compliance in environment and human rights-appropriate reparations : corrective actions, affectation of proceeds and rehabilitation over time / José Manuel García Represa

Effectiveness of compliance with environment and human rights at the post-award stage / Maxi Scherer.

Notes:

Description based on publisher supplied metadata and other sources.