Panel 2: The business-state nexus and institutional incentives
Chair: Nicky Touw, Phd researcher at the Open Universiteit
Marije Hensen, senior environmental and social advisor at Atradius State Business
The impact of human rights due diligence legislation on E&S due diligence in the financial world
In this presentation, Marije Hensen will explain the work of ADSB, ADSBs position between state and companies, the role of CSR of companies in the ADSB due diligence.
Niels Hazekamp, consultant at BothEnds
The CSR policy of the Dutch export credit agency fails to protect human rights when supporting exporters abroad. What can we learn from experiences on the ground? And how should it consider climate risks?
Dr. Geraldo Vidigal, assistant professor at the University of Amsterdam
Dr. Geraldo Vidigal will discuss proposals, especially the one now being discussed in the area of fisheries subsidies, that seek to establish positive limitations on states’ rights to grant subsidies, negotiated on the basis of the need to protect common interests of humanity rather than the interests of competing producers. He will question whether this new logic could be expanded to the field of subsidies affecting human rights.
Dr. Tomas Hamilton, post-doctoral researcher at the University of Amsterdam
The arms trade and serious human rights violations: Harmonising mandatory due diligence legislation with international criminal law?
International criminal law (ICL) can hold a State official or corporate officer responsible for arms exports that contribute to serious human rights violations. What are the relevant ICL standards of complicity? And how were ICL standards applied in the Kouwenhoven and Van Anraat cases, in the context of the Dutch regulatory landscape and UN and EU arms embargoes? Is this relevant to the development of Dutch mandatory due diligence legislation? Without providing answers, this presentation poses the three questions as points to consider in the discussion on the new Dutch legislation.
Jöelle Trampert, Phd researcher at the University of Amsterdam
Human rights obligations of States in the context of B&HR: regulation, investigation, and the problem with jurisdiction
Description of presentation: Under international human rights law, States are generally not required to protect against human rights violations occurring outside their jurisdiction. But human rights bodies and courts are increasingly recognising that in certain circumstances, States may have obligations which are not restricted by the primarily territorial understanding of jurisdiction. What duties do States have to regulate conduct of businesses domiciled in their territory and to investigate gross human rights violations abroad, and how do these relate to extraterritorial jurisdiction?