The Case for a Court of Arbitration for Business and Human Rights

9 Pages Posted: 31 May 2018 Last revised: 22 Nov 2018

Date Written: May 1, 2018

Abstract

This policy brief makes the case for a single Court of Arbitration for Business and Human Rights (CABHR). It first highlights the challenges faced by victims of human rights violations caused or directly linked to the activities of transnational corporations (TNCs) in accessing effective remedy. It then discusses the opportunities and challenges in using arbitration to provide a remedy in the business and human rights context. If arbitration is to be used, we argue that it should be in the framework of a single CABHR, which could draw some inspiration from the structure and operation of the Court of Arbitration for Sport (CAS). The policy brief concludes by highlighting four core issues which stakeholders should focus on in the process of setting up a CABHR.

Keywords: arbitration, business and human rights; transnational law, UNGP, Ruggie principles, access to remedy

JEL Classification: K41

Suggested Citation

Duval, Antoine and Dunmore, Catherine, The Case for a Court of Arbitration for Business and Human Rights (May 1, 2018). T.M.C. Asser Institute for International & European Law, Policy Brief 2018-02. Available at SSRN: https://ssrn.com/abstract=3188102 or http://dx.doi.org/10.2139/ssrn.3188102

Antoine Duval (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

Catherine Dunmore

Independent ( email )

No Address Available

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