Session 1 Flashcards
International Soft Law: Is there a consensus on what is responsible business conduct? (9 cards)
What are the phases in the NCP’s procedure?
Phase 1: Complaint that leads to an Initial Assessment by NCP (includes separate meetings with both parties)
Step 2: Draft assessment is sent to parties for comment
Phase 3: Offer of Good Offices by
NCP (dialogue among parties)
Result A: Settlement by the parties
Result B: Final (public) Statement and Recommendations by NCP (published by NCP)
Follow-up meeting invitation in 1 year and evaluation by NCP
How many (non-) OECD countries follow the OECD Guidelines for Multinational Enterprises?
38 OECD countries and 13 non-OECD countries
Name at least five international soft law instruments on business and human rights.
United Nations Guiding Principles (UNGPs)
ILO Declaration
International Financial Corporation
UN Global Compact
ISO 26000 on Social Responsibility
UN SDGs
EU Corporate Sustainability Due Diligence Directive (CSDDD)
Corporate Sustainability Reporting Directive (CSRD)
European Sustainability Reporting Standards (ESRS)
Sustainable Finance Disclosure Regulation (SFDR)
Green Taxonomy
ESG Rating Regulation
Deforestation Regulation
Batteries Regulation
Taxonomy Social Extension
Conflict Minerals Regulation
Critical Raw Materials Act
Regulation on Prohibiting Products made with Forced Labour
Digital Services Act (DSA)
Proposed EU Artificial Intelligence Act (AI Act)
Proposed Artificial Intelligence Liability Directive (AILD)
General Product Safety Regulation
The General Data Protection Regulation (GDPR)
Regulation on Trade of Dual-use Items
Directive on Public Procurement
The OECD provides sector-specific guidance on responsible business conduct - which sectors does it provide guidance on (in particular)?
Agriculture, Extractives, Finance, Minerals and Textile & garments
From which instruments are the ten principles of the United Nations Global Compact derived?
The Universal Declaration of Human Rights; the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work; the Rio Declaration on Environment and Development and; the United Nations Convention Against Corruption.
Which four topics do the ten principles of the United Nations Global Compact cover?
Human Rights, Labor Standards, Environmental Protection & Anti-corruption
What are the three pillars of the UNGPs and what do they entail?
1 - State responsibility to protect against human rights abuses by third parties, including business
2- Business responsibility to respect
3 - Access to effective remedy for rights-holders
What is polycentric governance?
Three governance systems shaping corporate conduct: the combination of public, civil and corporate governance
What has happened outside of the UN since the UNGPs?
Business (due diligence); Civil society (advocacy); National governments (‘national action plans’ on B&HR); Standardization & guidance (OECD, UNGP reporting framework); National Human Rights Institutions (promote & protect HR)
