Exploring Corporate Human Rights Responsibilities in OECD Case Law

This open access book consolidates a collection of scholarly papers presented at the academic conference titled "Corporate Human Rights Responsibility in OECD Case Law: Actors, Issues, Responsibilities, and Remedies", held on 4 and 5 May 2023. The conference was organized by the OECD Case Law Project at Friedrich-Alexander-Universität Erlangen-Nürnberg.

The book is divided into three sections. The first examines how NCP cases interpret corporate responsibilities, including financial institutions, on human rights and environmental issues, focusing on climate change and conflict-affected zones. It also highlights how OECD cases address corporate accountability and its impact on the revised OECD Guidelines and the EU Corporate Sustainability Due Diligence Directive (CSDDD).

The second section critically evaluates the NCP mechanism's effectiveness, assessing whether it provides substantive remedies and how well NCP mediation resolves disputes. It offers both quantitative and qualitative analysis of the grievance processes in line with UNGP effectiveness criteria.

The third section explores the NCP's role in global corporate responsibility frameworks, particularly its potential influence on shaping mandatory due diligence obligations through frameworks like the CSDDD, reinforcing corporate accountability in international business practices.

Additionally, the book offers key recommendations for policymakers, NCP experts, and practitioners on improving the NCP system to ensure more meaningful outcomes for human rights violations.

This book is open access, which means that you have free and unlimited access Provides an analysis of OECD NCP cases, addressing corporate human rights responsibilities Offers critical insights and practical recommendations for corporate human rights due diligence responsibilities Examines the effectiveness of the OECD NCP complaint mechanism and provides specific recommendations

Auteur

Otgontuya Davaanyam is an Associate Researcher and PhD candidate working on the OECD Case Law Project, organized by the Chair in Public Law and International Law at the University of Erlangen-Nürnberg. A Mongolian lawyer specializing in International Human Rights Law, she holds an LLB from Shihihutug University, an LLM from the University of Liverpool, and an MA from Swansea University. Otgontuya has extensive experience in the field of business and human rights. She previously worked as an attorney at Anderson and Anderson LLP and served as a Business and Human Rights Consultant for UNDP Mongolia, where she assisted the Mongolian government develop its National Action Plan on Business and Human Rights. Additionally, she has interned with the Business and Human Rights Resource Centre, the UN Office of the High Commissioner for Human Rights, and Fifty-Eight. Otgontuya is the recipient of the prestigious Hodgson Fully Funded Law Scholarship and the Hillary Rodham Clinton Global Challenges Scholarship.

Markus Krajewski is University Professor at the University of Erlangen-Nürnberg and holds Chair in Public Law and Public International Law. Prof. Krajewski is one of the programme directors of the MA in Human Rights and chairperson of the Interdisciplinary Research Centre for Human Rights Erlangen-Nürnberg (CHREN). He is also Secretary-General of the German Branch of the International Law Association. Professor Krajewski teaches German constitutional and administrative law, European law, public international law and human rights. His research focuses on international economic law, human rights, European external relations and the law of public services. Professor Krajewski advises international governmental and non-governmental organisations on European and international economic law and acted as consultant in different development cooperation projects.