La protection des droits fondamentaux au Luxembourg : Le rôle des institutions nationales des droits de l'homme et de la société civile

in Gerkrath, Jörg (Ed.) La défense des droits et libertés au Grand-Duché de Luxembourg (2020)

Challenging the Olympic Charter at the Swiss OECD National Contact Point

E-print/Working paper (2020)

Business and Human Rights: UIA Annual Congress

Diverse speeches and writings (2019)

Good Business: The Economic Case for Protecting Human Rights

Conference given outside the academic context (2019)

Business and Human Rights: International Context - Keynote

Speeches/Talks (2019)

Searching for Human Rights Norms for Corporate Conduct in Domestic Jurisprudence: A Bottom-Up Approach to International Law

in Nordic Journal of Human Rights (2018)

The application of human rights norms to the behaviour of corporations has challenged legal scholars for a long time. With few notable exceptions, studies dealing with the question have relied on ... [more ▼]

The application of human rights norms to the behaviour of corporations has challenged legal scholars for a long time. With few notable exceptions, studies dealing with the question have relied on interpretations of existing international instruments, not least decisions of human rights treaty bodies. The present article proposes an alternative approach referred to as a ‘bottom-up’ methodology: a pluralist and inductive approach to international law. It focuses on the human rights claims brought by individuals or local communities affected by corporate activity who seek redress through existing complaints mechanisms including domestic courts and the OECD National Contact Points. The assumption is that through their interpretation and application of international norms in their particular national context, these institutions act to clarify the ambit of corporate human rights obligations. The article asks: Which substantive human rights norms do domestic institutions apply to corporations? From which sources do they derive these norms? What is the underlying theory of responsibility? [less ▲]

EU’s Legal Regime for Migration: What Role for Human Rights?

Presentation (2018, November)

Attracting and Retaining Researchers: Good Practices and Challenges in Luxembourg

Conference given outside the academic context (2018)

Corporations and Human Rights: Searching for International Norms for Corporate Conduct in Domestic Case Law

Doctoral thesis (2017)

Recent years have seen much debate concerning the interplay between human rights and corporations. Part of that debate has focused on corporate violations of human rights norms and possible legal ... [more ▼]

Recent years have seen much debate concerning the interplay between human rights and corporations. Part of that debate has focused on corporate violations of human rights norms and possible legal accountability mechanisms for such breaches. The present research is concerned with one such accountability mechanism, namely litigation before domestic courts seeking to enforce corporations’ international obligations and the complaints before the OECD National Contact Points (‘NCPs’). The thesis analyses how domestic courts and the OECD NCPs have conceptualised and implemented corporations’ human rights obligations. It is premised on the assumption that, through their application of international norms in their particular national context, these institutions act to crystallize and clarify the ambit of such norms. [less ▲]

The Turkish State of Emergency Under Turkish Constitutional Law and International Human Rights Law

E-print/Working paper (2017)