Eu Law On Business and Human Rights

A.Y. 2024/2025
6
Max ECTS
42
Overall hours
SSD
IUS/13
Language
English
Learning objectives
The course aims at - Analyzing the European and international legal framework on business and human rights; - Analyzing the relevant European, international and domestic case law; - Examining access to remedies in B&HR cases in the US and the EU; - Examining the relevant European framework on private international law; - Applying the examined legal tools to the solution of case studies; - Developing critical analysis of B&HR-connected legal issues.
Expected learning outcomes
By the end of the course, students should: - Have a deep knowledge of the legal framework on EU Law on Business and Human Rights - Be able to make autonomous evaluation of B&HR-connected legal issues - Have developed the skills to apply the acquired knowledge to practical cases, disputes, corporate strategies, decision-making processes - Have developed the related problem-solving skills
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
Transnational business activities can have an impact on the enjoyment of the entire spectrum of the internationally recognized human rights. Corporate violations of fundamental rights (such as the rights to health and life), the core labor standards, and the rights of minorities, including indigenous peoples, have led to important legal disputes. These cases demonstrate the need to strike a balance between economic development, on the one hand, and the implementation of sustainable development and the protection of human and labor rights and the environment, on the other hand. The course focuses on the main international and European legal instruments regulating the activities of multinational corporations and the most relevant legal disputes, with a specific focus on the innovative solutions currently under negotiation or recently adopted by the EU and the United Nations.

Detailed program:
- The international legal framework on business and human rights (B&HR)
- The State duty to protect human rights, with a focus on the European Convention on Human Rights and its case-law
- Corporate responsibility to respect human rights
- Corporate social responsibility vs. human rights due diligence
- Human rights due diligence: domestic, European and international developments
- Access to remedies: the EU and the US perspective and case-law
- The attribution of jurisdiction and the applicable law in B&HR disputes: private international legal issues
- Climate change litigation
- The European directive on corporate sustainability due diligence (CSDDD)
- The negotiation of a UN binding treaty on B&HR
Prerequisites for admission
The knowledge of international law is recommended.
Teaching methods
The course combines traditional lectures with more interactive activities (such as case-studies, presentations and mock trials). Practitioners and experts will be invited as speakers and will give insights about their professional experience in the field. Attendance is mandatory (75%). The working language is English.
Teaching Resources
TEXTBOOK: A. Bonfanti (ed.), Business and Human Rights in Europe. International Law Challenges, Routledge, 2019.
READINGS: the detailed syllabus and the mandatory/suggested readings and teaching materials (e.g. legal instruments and decisions) will be uploaded on the course's website.
Assessment methods and Criteria
The exam can be taken either through partial assessments (oral and written tests, presentations solution of case-studies) or one oral overall exam.
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 42 hours
Professor: Bonfanti Angelica
Shifts:
Turno
Professor: Bonfanti Angelica
Professor(s)
Reception:
Tuesday from 16.30 to 18.30
Department of Italian and Supranational Public Law -please contact Prof. Bonfanti by email ([email protected])