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Article

16 Dec 2019

Author:
The Business & Human Rights Review, Allen & Overy LLP

New Allen & Overy Review addresses business & human rights concerns in climate sector

"Shifting gears on human rights performance: from responsive to proactive" Winter 2019

Recent headlines demonstrate that the intersection of business and human rights is no longer a passing concern for companies. Debate surrounding the human rights responsibilities of the private sector has touched on sectors ranging from nance to hospitality, while radical movements such as the Extinction Rebellion have made headlines by highlighting the e ect of business activities on climate change and the associated impacts on current and future generations...

One key takeaway is the important trend towards proactive demands by investors for consideration of human rights issues and the likely direction of regulation and relevant standards towards future convergence.

Participation in discussions regarding current and
future business and human rights regulation is essential in industries with complex supply chains and multi- jurisdictional operations. A paradigm example is the hotel industry, where even the perception of complicity
in human rights violations can lead to signi cant reputational damage...

Businesses that are unable or unwilling to proactively incorporate environmental considerations into their day-to-day operations expose themselves to signi cant litigation and reputational risk. As Gauthier van Thuyne and Marie Umbach discuss at page 30, there is a global rise in cases seeking to hold businesses liable for impacts on the environment. Of particular note is the way in which the human rights of the most vulnerable are threatened by climate change, and how claimants have used arguments grounded in the violation of such rights to seek to establish liability on the part of corporations. 

Chapters:

A collaborative approach to addressing modern slavery risk in the hotel sector 

The role of law societies in a new era of responsible business: an East African perspective 

Climate litigation: an efficient tool for change?