The Expansion of International Human Rights Law in the Corporate Sphere: Emerging Legal Models and Their Critique

Fundamental research project of the HSE Faculty of Law

(grant #20-01-003)

 The purpose of the study was to develop scholarly insights into the nature of the changes in international law and law of individual states resulting from the extension of obligations to comply with international human rights law to commercial legal entities, and to critically assess the legal models which are used or presumably can be used, as well as the consequences of such "restructuring" of international human rights law and mechanisms of its implementation at international and national levels.

 The objectivesof the study were to:

• To examine whether the conclusion used in judicial decisions that an established international custom changes the scope of international legal obligations in the field of human rights is indeed correct;
• Determine the extent to which the adoption of a new international treaty designed to oblige States to retranslate human rights obligations to legal persons can address gaps in the legal protection of victims;
• Analyze the extent to which modern bilateral investment treaties and approaches to their interpretation integrate international human rights law norms, and to what consequences the transformation of investment arbitration from a one-way to a two-way road may lead;
• Explore mechanisms for implementing human rights norms in corporate acts;
• Critically evaluate emerging legal models by analyzing what changes the ability to hold commercial entities accountable for human rights violations would lead to.

Project Team:

1. Vera Rusinova

Doctor of Law, Professor, Head of the School of International Law, Faculty of Law, National Research University Higher School of Economics (supervisor)

2. Sergey Korotkov,

Student, Master’s Programme “Law of International Trade, Finance and Economic Integration”, 2nd year (performer)

3. Matvey Tarasov

Student, Master’s Programme “Law of International Trade, Finance and Economic Integration”, 2nd year (performer)

4. Olga Ganina

Student, Master’s Programme “Law of International Trade, Finance and Economic Integration”, 2nd year (performer)

Scholarly articles published by the participants:

1. Rusinova V.N., Tarasov M.V. “If the stars are lit - it means - someone needs it”: new human rights function of bilateral investment treaties // International Justice. 2021. № 2. P. 151-174. - 2 p.s. doi;
2. Rusinova V.N., Ganina O.A. The ruling of the Supreme Court of Canada of February 28, 2020 in the case of Nevsun v. Araya: A Quiet Revolution in Assessment of the Status of Corporations under Public International Law? // International Justice. 2021. № 2. P. 25-39. - 1,2 p.s. doi;
3. Rusinova V., Korotkov S. Mandatory Corporate Human Rights Due Diligence Models: Shooting Blanks? 2021. Vol. 9. No. 4. P. 33-71. - 2.8 p.s. doi