International Human Rights

International Criminal Court to prioritise prosecution of crimes involving destruction of the environment, illegal exploitation of natural resources and land-grabbing

Introduction The International Criminal Court ("ICC") intends to prioritise the prosecution of cases involving the destruction of the environment, illegal exploitation of resources and land-grabbing, according to a new Policy Paper on Case Selection and Prioritisation published by the ICC's … Continue reading

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Filed under Business & Human Rights, Environment, International Criminal Court, International Human Rights, Land-grabbing, News

Doing business in Africa: human rights and crisis management

Stéphane Brabant, Partner, and Yann Alix, Senior Associate, have published an article on doing business in Africa, focussing on the need for investors taking a long-term view to consider human rights implications and crisis management. To read the full article please click here. This … Continue reading

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Filed under Africa, Business & Human Rights, Crisis Management, International Human Rights, Mining, Oil & Gas

Alien Tort litigation comes to Singapore: international enforcement of judgments based on corporate human rights abuse

In Alberto Justo Rodriguez Licea and others v Curacao Drydock Co, Inc, the Singapore High Court dismissed an appeal against the enforcement of a multi-million dollar judgment issued in the United States awarding damages to Cuban plaintiffs under the US … Continue reading

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Filed under Alien Tort Statute, Business & Human Rights, International Human Rights, Singapore, US

The human right to water: defences to investment treaty violations

At times, and for a variety of reasons, states will regulate the market in the furtherance of public-policy objectives—including to implement specific human rights obligations. Where investment agreements are in place, these kinds of measures may trigger an investor’s claim … Continue reading

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Filed under ECHR, International Human Rights, Investment Arbitration

UK Government plan to replace the English Human Rights Act with a British Bill of Rights

After winning an outright majority at the general election, the new UK Government is pressing ahead with its manifesto promise to “scrap the Human Rights Act and introduce a British Bill of Rights“. However, few details have emerged about precisely … Continue reading

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Filed under ECHR, International Human Rights

The erosion of state and diplomatic immunity by European law? Two recent English Court of Appeal cases

In the case of (1) Benkharbouche and (2) Janah v (1) Embassy of the Republic of Sudan and (2) Libya, the English Court of Appeal (the Court) considered the claims by employees of the embassies of Sudan and Libya, that … Continue reading

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Filed under ECHR, Europe, International Human Rights, Sovereign Immunity/State Immunity, State Immunity

The importance of human rights due diligence for businesses: International Criminal Court asked to investigate allegations of land grabbing in Cambodia

On 7 October 2014 a communication was filed with the International Criminal Court (“ICC”) asking the Prosecutor to investigate the alleged commission of crimes against humanity pursuant to a State policy of systematic and widespread ‘land grabbing’ in Cambodia (the … Continue reading

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Filed under International Human Rights, News

Belhaj v Straw: English Court of Appeal rules that state immunity and the act of state doctrine does not prevent claims against the British government for alleged involvement in unlawful rendition

On 30 October 2014, the Court of Appeal in Belhaj v Straw and Others [2014] EWCA Civ 1394 ruled that state immunity and the act of state doctrine did not prevent claims against the British government for alleged involvement in … Continue reading

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Filed under Act of State Doctrine, International Human Rights, Sovereign Immunity/State Immunity, State Immunity

Recent developments in US legislation on modern slavery

The recent introduction of the Federal Business Supply Chain Transparency on Trafficking and Slavery Bill (H.R. 4842) on 11 June 2014 (the “Bill”) is the U.S. government’s latest initiative in developing its approach towards human rights protections in business. The … Continue reading

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Filed under Americas, International Human Rights

The Alien Tort Statute – when will a claim “touch and concern” the territory of the United States?

In Kiobel v Royal Dutch Petroleum Co, the US Supreme Court held that the presumption against extraterritorial application of US laws applies to claims under the Alien Tort Statute (ATS). The Supreme Court left open the possibility of ATS claims … Continue reading

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Filed under Americas, International Human Rights