El tratado sobre las empresas y los derechos humanos: perspectivas latinoamericanas, Tirant Lo Blanch, 2022
The adoption of Human Rights Council resolution 26/9 in June 2014 led to the start of an intergovernmental process to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises with respect to human rights. Said process, politically controversial and legally complex, has restarted discussions that exist since the 1970s within the United Nations on the responsibility of transnational corporations, and presents the opportunity to develop an instrument that complements the UN Guiding Principles on Business and Human Rights, particularly from the perspective of State duties to prevent and ensure access to justice vis-à-vis corporate activities.
This book seeks to contribute to such discussion, addressing the different dimensions of the ongoing negotiation process: the definition and scope of the instrument; legal liability; access to justice; interaction between international normative regimes; and follow-up and monitoring mechanisms in the instrument. With the participation of renowned Latin American specialists, El tratado sobre las empresas y los derechos humanos: Perspectivas latinoamericanas contributes to deepen reflections on the basis, possibilities and challenges for a future international instrument on business and human rights.
Professor Humberto Cantú Rivera also donated two other books: A una década de los Principios Rectores sobre las empresas y los derechos humanos (co-edited with Danielle Anne Pamplona, Tirant Lo Blanch 2022), which analyzes some recent developments in the field of business and human rights in specific themes (including climate change, grievance mechanisms in the technology sector, State-owned enterprises, among others) and national and regional contexts (particularly from Central America and the Inter-American Human Rights System); and Experiencias latinoamericanas sobre reparación en materia de empresas y derechos humanos (Konrad Adenauer Stiftung 2022), a systematic comparative analysis of how the law and judicial practice of seven Latin American countries have addressed business and human rights issues.
Humberto Cantú Rivera is Professor at the Faculty of Law and Social Sciences and Director of the Human Rights and Business Institute of the University of Monterrey (UDEM) in Mexico. He holds a LL.D. from Université Panthéon-Assas Paris II, is a Senior Fellow of the Nova Centre for Business, Human Rights and the Environment, has been a visiting researcher at the University of Oxford’s Bonavero Institute of Human Rights, and visiting professor at universities from Colombia, Brasil, Germany and France. He has published widely on business and human rights and has extensive experience working with and advising States, international organizations, businesses and civil society on business and human rights issues in international, regional and domestic standard-setting processes and in the implementation of responsible business conduct standards, including as Expert Adviser to the Delegation of Mexico in the business and human rights treaty negotiations at the UN Human Rights Council. He is an alumnus of The Hague Academy of International Law (2013, with a scholarship from Dame Rosalyn Higgins; 2018; and 2023).