International Human Rights

Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license

In an award dated 30 November 2017 (the “Award“), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the “Claimant“) following its finding that a 2011 decree (“Decree 032“) constituted an unlawful indirect expropriation … Continue reading

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Filed under Awards, Damages, International Human Rights, Investment Arbitration, ISDS, The Americas

3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration – 5 February 2018, London

The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in London. The conference will focus on four topics: non-disputing third parties and their influence on … Continue reading

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Filed under Europe, Events, International Human Rights, Investment Arbitration, ISDS, Procedures in arbitration, Third-Party Rights

Environmental and Human Rights issues in Africa have international implications – know what rights and remedies apply

In the first of our regular Africa themed webinars, on Thursday 5 October 2017, 1.00 – 2.00pm BST, we will consider the international implications of environmental and human rights issues in Africa, including: The extraterritorial impacts of a local crisis: … Continue reading

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Filed under Africa, Events, International Human Rights, Investment Arbitration, webinar

ILO adopts new treaty on forced labour

On 11 June 2014, the International Labour Organisation (“ILO”) adopted a Protocol (“Protocol”) to the 1930 Forced Labour Convention No. 29 (“Convention”). The Protocol is intended to update the 84 year old Convention and to address gaps in its implementation. … Continue reading

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Filed under International Human Rights, Public International Law

Towards a Treaty on Business and Human Rights?

The Human Rights Council has adopted a resolution establishing a new working group with a mandate to elaborate “an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights”. In this note, we briefly … Continue reading

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Filed under International Human Rights, Public International Law

ECHR reaffirms State immunity from civil proceedings for acts of torture in Jones v United Kingdom

In the recent case of Jones and others v United Kingdom, the European Court of Human Rights (the Court) found that the United Kingdom had not breached Article 6 of the European Convention on Human Rights (the right of access … Continue reading

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Filed under Europe, International Human Rights, Public International Law, Sovereign Immunity

Rise in arbitration in the extractive industries

According to a recent report from think-tank Chatham House, arbitration cases have increased nearly fourfold between 2001 and 2010 in the mining sector, reflecting tensions among stakeholders which escalated with the commodity price boom. The rise in commodity prices increased … Continue reading

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Filed under International Human Rights, Investment Arbitration, Public International Law

European Commission publishes employment and recruitment sector guide: Corporate responsibility to respect human rights

The European Commission has published guidance for the employment and recruitment sector on meeting the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights (UNGPs). The guidance sets out the steps required under … Continue reading

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Filed under EU Law, Europe, International Human Rights

European Commission publishes oil and gas sector guide: corporate responsibility to respect human rights

The European Commission has published guidance for companies in the oil and gas sector on meeting the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights (UNGPs). The guidance sets out the steps … Continue reading

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Filed under EU Law, Europe, International Human Rights

Why IOCs are paying attention to soft law on human rights

Given the increasing importance that multinational corporations attach to human rights obligations, we have published an article entitled ‘Why IOCs are paying attention to soft law on human rights’ in the Herbert Smith Freehills journal, Energy Exchange. Please click here … Continue reading

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Filed under International Human Rights