Friday, February 22, 2019

La debida diligencia de derechos humanos: La Empresa Universitaria/Human Rights Due Diligence: The Enterprise of the University




It was my great good fortune to have been invited by the University of Seville's law faculty to speak about the emerging issues of human rights due diligence.  Human rights due diligence forms the heart of the responsibilities of enterprises to respect human rights as enshrined in the U.N. Guiding Principles for Business and Human Rights, and through them to the obligations of enterprises under the OECD's Guidelines for Multinational Enterprises.  At the same time, the due diligence required of enterprises with respect to the human rights consequences of the economic activities is missing from the state's paramount duty to protect human rights. under the UNGPs--with respect to which state's retain the authority to order their approach under their constitutional systems, constrained by their capacity and political ideology, as well as the calculus of their ruling parties (as those may change form time to time ). 

The subject has been an area of focus for the UN's Working Group for Business and Human Rights and the subject of its last report to the General Assembly, "Corporate human rights due diligence – emerging practices, challenges and ways forward" (my more specific comments on which follow in a future post).   The Working Group centers its study on an aspirational approach to the possibilities of human rights due diligence and its broadest transposition into systems of legal regulation. That approach sought to aid in the convergence of frameworks and approaches to human rights to due diligence that includes the OECD Due Diligence Guidance for Responsible Business Conduct.Botgh provide generalized guides for approaching the issue of HRDD, but neither provides guidance for the issues of implementation beyond the most general approaches to structure. 

Yet those issues of implementation are critical to HRDD.  To that end, it might be useful to begin to think about ways of modeling HRDD within complex organizations. For that purpose I chose the modern American university as a model.  It presents most of the complexities of major multinational enterprises yet it has been neglected as an economic and human rights actor.  It presents as well the meeting points between private institutions and state instrumentalities, and between private commercial and religious organizations. My initial thoughts on those convergences and the insights they provide for the organizaiton of HRDD were presented  as La debida diligencia de derechos humanos y la empresa universitaria/Human Rights Due Diligence and the University Enterprise.


Great thanks to Carmen Márquez Carrasco, Catedrática de Universidad del Departamento de Derecho Internacional Público y Relaciones Internacionales, for organizing the event, as well as for her leadership in this field.  The PowerPoints of the presentation follow in English and Castellano.

Tuesday, February 19, 2019

Jock Whittlesey-- International Environmental Governance; Presentation at the Penn State School of International Affairs 4 Feb 2019


It was my great pleasure to host Jock Whittlesey at the Penn State School of International Affairs for a lecture on "International Environmental Governance.  The presentation brought us a quite sophisticated view of the issues from the institutional perspective of the United States.  The presentation was marvelous and Mr. Whittlesey has kindly permitted me to share his PowerPoints.

 They follow below.