The “Protect, Respect and Remedy” Framework: Charting a Future or Taking the Wrong Turn for Business and Human Rights?

KAS in cooperation with SAIFAC, the University of Johannesburg as well as the University of Hong Kong's Law Faculty host an international conference that deals with the legislative aspects related to Business & Human Rights.


DAY 1: 23 JANUARY 2012

08h30 – 09h00


09h00 – 09h10


09h10 – 10h30

Session I: From Process to the Final Product

Development of the „UN Framework‟: Negotiation Strategies and Argumentative Patterns

Karin Buhmann, Associate Professor, Center for Social Science Development Research, University of Copenhagen

The “Ruggie Process”: From Legal Obligations to Corporate Social Responsibility?

Carlos Lopez, Senior Legal Advisor, International Commission of Jurists, Geneva


11h00 – 12h45

Session II: Revisiting the Normative Underpinnings of the Framework

Human Rights Voluntarism: A Critique (TBC)

Upendra Baxi, Emeritus Professor of Law, University of Warwick

Exploring the Normative Underpinning of Ruggie‟s Guiding Principles

David Bilchitz, Associate Professor, Faculty of Law, University of Johannesburg; Director, SAIFAC

Treating Human Rights Lightly: A Critique of the Guiding Principles‟ Complicity in Undermining the Human Rights Obligations of Companies

Surya Deva, Associate Professor, School of Law, City University of Hong Kong


14h00 – 15h20

Session III: Duty to Protect and Responsibility to Respect Human Rights

Will Transnational Private Regulation Close the Governance Gap? The Required Interlinkage between Pillar 1 and 2

Nicola Jägers, Associate Professor, Tilburg University, The Netherlands

The Corporate Responsibility to Respect Human Rights: Soft Law or Not Law?

Justine Nolan, Senior Lecturer & Deputy Director of the Australian Human Rights Centre, Faculty of Law, The University of New South Wales


15h40 – 17h00

Session IV: Extraterritorial Obligations: Home v. Host States

Beyond the 100 Acre Wood: Navigating the Jurisdictional Jungle of Extraterritoriality

David Kinley and Daniel Augenstein, Chair in Human Rights Law, Sydney Law School and Assistant Professor, Tilburg University, The Netherlands

The Guiding Principles: Emphasising the Host State at the Expense of the Home State Judicial Mechanisms?

Tebello Thabane, Lecturer, Faculty of Law, University of KwaZulu-Natal, Durban


DAY 2: 24 JANUARY 2012

09h00 – 10h45

Session V: Testing the Efficacy of Proposed Remedies

Is the Right to Remedy under International Law Sufficiently Protected under the Guiding Principles on Business and Human Rights?

Gabriela Quijano, Adviser Access to Justice, Business and Human Rights Team, Amnesty International

Remedies (third pillar): Analysis and Practical Application for Companies with Special Reference to Case Studies Related to Oil Companies

Tineke Lambooy, Assistant Professor, Utrecht University, The Netherlands

Tort Litigation against MNC Parent Companies

Richard Meeran, Partner, Leigh Day & Co., London


11h15 – 13h00

Session VI: Navigating Complicity through Due Diligence

Due Diligence and Complicity: A Relationship in Need of Clarification

Sabine Michalowski, Professor, School of Law, University of Essex

Making Noise about Silent Complicity: The Moral Inconsistency of the “Protect, Respect, and Remedy” Framework

Florian Wettstein, Chair and Director Institute for Business Ethics, University of St. Gallen, Switzerland

Sphere of Influence and Complicity: Lost in Translation?

Juana Kweitel, Program Director, Connectas, Brazil


14h00 – 15h10%%5

Session VII: Business, Gender and Socio-Economic Rights

Business, Human Rights and Gender: A Legal Approach to External and Internal Considerations

Bonita Meyersfeld, Associate Professor, University of Witwatersrand School of Law, Johannesburg

Corporate Human Rights Obligations under Economic, Social and Cultural Rights

Jernej Letnar Černič, Lecturer, European Faculty of Law, Slovenia


15h30 – 16h40

Session VIII: Business, Stakeholder Responsibility and Corruption

Putting the Business and Human Rights Agenda in Context: Lessons from the Anti-Corruption Sphere

Anita Ramasastry, Professor, University of Washington School of Law

The Ruggie Principles, the UN Global Compact and Corporate Social Responsibility: The Risks of Overeach and Blowback

Stuart Woolman, Professor and Elizabeth Bradley Chair of Ethics, Governance & Sustainable Development, University of the Witwatersrand Graduate School of Business


16h40 – 17h00

Concluding remarks

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Constitutional Court Auditorium, Johannesburg, South Africa


International Conference on The “Protect, Respect and Remedy” Framework: Charting a Future or Taking the Wrong Turn for Business and Human Rights?
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Nancy Msibi

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Project Manager +27 (11) 214 2900-110