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報告

2 七月 2021

作者:
Debevoise & Plimpton

Report examines impact of UN Guiding Principles on courts & judicial mechanisms

Canva

"UN Guiding Principles on Business and Human Rights at 10: The Impact of the UNGPs on Courts and Judicial Mechanisms"

2. This report examines the reach and impact of the UNGPs on the decisions of national, regional, and international judicial and quasi-judicial bodies across more than 50 jurisdictions. While the primary focus of this report is on express references to the UNGPs by judicial and quasijudicial bodies, it also analyzes: (i) references to other nonbinding business and human rights (“BHR”) standards seeking to achieve similar goals; and (ii) other efforts to address business accountability and responsibility for adverse human and labor rights impacts in the jurisdictions considered.

3. Why the focus on judicial and quasi-judicial decisions? Pillar III of the UNGPs requires that States and businesses ensure the availability of remedies in the event of adverse human rights impacts. Judicial and quasi-judicial mechanisms therefore play a central role in ensuring the effectiveness of the UNGPs...

III. NOTABLE TRENDS

A. Global Trends

(1) Limited Use of the UNGPs in Judicial Decisions to Date

31. Our initial research focused on express references to the UNGPs in decisions of judicial and quasi-judicial bodies. Across all of the jurisdictions that we examined, such direct references are few. This is perhaps unsurprising. Judicial bodies are presented with questions relating to, and adjudicate claims based on, domestic laws. While the UNGPs are well known, they do not take the form of domestic legislation. Even in cases where domestic laws were based on or influenced by the UNGPs, courts adjudicating BHR issues would in the first instance refer to the relevant domestic legislation...

33. We believe that the current lack of references to the UNGPs will change, for a number of reasons...

36. Notably, a range of judicial and quasi-judicial bodies, as well as individual judges and the parties appearing before them, are already making reference to the UNGPs: for example, higher courts, lower courts, different adjudicatory bodies, civil society, nongovernmental organizations (“NGO(s)”) acting as amicus curiae, applicants and respondents. This shows widespread awareness of the UNGPs, their meaning, and their utility. As consciousness of the UNGPs expands, the UNGPs will be increasingly cited in support of efforts to seek a remedy against corporations...