Human Rights Provisions in General Corporate Lending

23 Pages Posted: 8 Jan 2020 Last revised: 22 Apr 2020

See all articles by Wilke de Boer

Wilke de Boer

affiliation not provided to SSRN

Martijn Scheltema

Erasmus University - School of Law

Date Written: December 4, 2019

Abstract

This contribution addresses the question of how banks could implement their responsibility to respect human rights by including human rights provisions in corporate lending documentation. It first analyzes why banks care about human rights and the commercial risks human rights violations may pose to banks. It elaborates on how contractual provisions could support human rights due diligence. However, banks may be hesitant to include human rights provisions in loan documentation. That said, the contribution explains the potential of sustainability linked loans and argues this may be helpful in the human rights arena, too. It concludes by providing a global standard on human rights provisions in corporate lending.

Keywords: Human rights, corporate lending

Suggested Citation

de Boer, Wilke and Scheltema, Martijn, Human Rights Provisions in General Corporate Lending (December 4, 2019). Available at SSRN: https://ssrn.com/abstract=3498254 or http://dx.doi.org/10.2139/ssrn.3498254

Wilke De Boer

affiliation not provided to SSRN

Martijn Scheltema (Contact Author)

Erasmus University - School of Law ( email )

3000 DR Rotterdam
Netherlands
+31 10 408 8861 (Phone)

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