Please share with your networks #bizhumanrights @antoineduval.bsky.social @chiaramacchi.bsky.social @taravanho.bsky.social @dbose.bsky.social @lroorda.bsky.social @gamzeerdemturkelli.bsky.social @philpaiement.bsky.social @jkrommendijk.bsky.social @chpaulussen.bsky.social & rest of BHR Bluesky 🙂

While the judgment may not have delivered the decisive victory climate activists sought, it offers insights into developing judicial attitudes -> corp responsibility for climate change. We'll consider the decision from diff angles incl its significance for future climate accountability strategies.

The event will take place in person at the Asser Institute in the Hague, and online.
Speakers: @andrenollkaemper.bsky.social (SEVEN) and Sjoukje van Oosterhout (milieudefensie.bsky.social), others TBC.
Event supported by the Netherlands Network for Human Rights Research @nnhrr.bsky.social

As I reach the end of my PhD I am looking for a research position in the Netherlands, so pls keep me in mind if you hear of anything in the realm of IIL, HR, BHR, and qualitative studies in international law, and send good thoughts as I try to submit my PhD at some point!

I'm grateful to a bunch of people for helping me get my first article into the world, and since most are on the former bird app rather than here: twitter.com/stephtriefus...

Evidently there is some way to go before companies are likely to forego the potential windfall of an ISDS award on the basis of their HR responsibilities, but it is important to articulate what these are so that we can inch towards a world where that idea isn’t so ridiculous.

As argued by CCSI_Columbia's Nora Mardirossian, Lisa Sachs and others, this should apply to a company’s entire litigation strategy, as ISDS is not the only way companies can cause adverse HR impacts through engagement with legal institutions www.unsdsn.org/handbook-for...

Human rights due diligence is one potential way to move forward with the idea that businesses have a responsibility to consider the HR impacts of ISDS - the decision to bring a case should be assessed as part of a company’s HRDD processes.

As we have seen in ongoing debates on human rights and IIL, these impacts are not mitigated through how tribunals consider human rights, as human rights are rarely considered relevant to disputes and current reform processes are limited to procedural changes.

I set out three possible ways that engaging in ISDS itself may remove or reduce individuals’ enjoyment of human rights - chilling of human rights & climate change measures, crippling mega-awards, and direct impacts on third-party rights.

Using David Birchall's understanding of adverse HR impacts from his article 'Any Act, Any Harm, To Anyone': ‘impacts’ expands well beyond the scope of legal infractions to capture a much wider range of harms incl non-violative, legally-permitted acts ohrh.law.ox.ac.uk/any-act-any-...

In this article I make the case that businesses should consider the human rights impacts of ISDS before submitting a case for arbitration, because businesses can no longer ignore the fact that engaging in ISDS can adversely impact human rights.