Rule of Law and Corporate Actors: Fall Talks Series

Olena Uvarova

RoL Talk 1. The rule of law in the face of rising corporate power over human rights

Questions for the discussion

  • There are different kinds of power. Is corporate power a public power like state power?
  • Has the rule of law concept the potential be applied without state support? Or is this concept state-centric?
  • What is the impact of the rule of law concept on the business and human rights framework?

Speakers

  • Surya Deva, Professor at the Macquarie Law School and Director of the Centre for Environmental Law at Macquarie University. He is also the UN Special Rapporteur on the Right to Development
  • Karin Buhmann, Professor at the Copenhagen Business School, Full Professor and Head of Centre for the research initiative, Centre for Law, Sustainability and Justice at the University of Southern Denmark
  • Ioannis Kampourakis, Assistant Professor in Law and Markets at Erasmus School of Law, Erasmus University Rotterdam
  • David Birchall, London South Bank University
  • Nadia Bernaz, Professor in the LAW group at Wageningen University
  • Viktor Smorodynski, Associate Professor, Yaroslav Mudryi National Law University

Moderator: Olena Uvarova, Head of International Lab on Business and Human Rights, Centre for Research and projects support at Yaroslav Mudryi National Law University, Visiting Researcher at the Law Group, Wageningen University

Date: 5th October 2022, online (zoom)

12.00 – 13.30 CET (13.00 – 14.30 Kyiv time)

 

 

RoL Talk 2. Human Rights Due Diligence through the lenses of the Rule of Law

Questions for the discussion

  • Corporate Sustainability Due Diligence Directive: will it impact the rule of law environment beyond the EU?
  • We expect that companies publish human rights commitments. Should we ask them to have the RoL commitments?
  • Human rights due diligence is a way for companies to proactively manage potential and actual adverse human rights impacts with which they are involved. Is there a potential to consider it in terms of formal and substantive conceptions of the rule of law?
  • Do you see correlations between access to justice as a component of the rule of law and the concept of access to remedies within business and human rights?

Speakers

  • Claire Bright, Associate Professor in Private Law, Vice-Dean, the Founder and Director of the NOVA Centre on Business, Human Rights and the Environment at NOVA Law School in Lisbon
  • Jernej Letnar Cernic, Professor of Constitutional and Human Rights Law, Faculty of Government and European Studies, New University
  • Nadia Bernaz, Professor in the LAW group at Wageningen University
  • Harriet Moynihan, Associate Fellow, International Law Programme, Chatham House
  • Bohdan Karnaukh, Associate professor at the Department of Civil Law No.1, Yaroslav Mudryi National Law University, co-director of Joint Master Degree Program “European and International Business Law”
  • Olena Uvarova, Head of International Lab on Business and Human Rights, Centre for Research and projects support at the Yaroslav Mudryi National Law University, Visiting Researcher at the Law Group, Wageningen University

Moderator: Tamara Horbachevska, Yaroslav Mudryi National Law University, the Law Group, Wageningen University, Research Assistant of the Horizon project “Rebalancing disruptivE Business of multinAtional corporation and gLobal value chAins within democratic and iNClusive citizenship processes”

Date: 13th October 2022

12.00 – 13.30 CET (13.00 – 14.30 Kyiv time)

 

RoL Talk 3. Horizontal effect of the RoL in the practice of the ECtHR

Questions for the discussion

  • Do you agree with the concept of horizontal effect of the RoL? If so, what examples we can find in the ECtHR case-law?
  • How the horizontal effect of the RoL could be maintained and strengthened?
  • What is the impact of the business and human rights developments on the ECtHR jurisprudence? Could we say that the European consensus to implement human rights due diligence by corporate actors already exists and should be part of the horizontal effect of human rights?

Speakers

  • Robert Spano, former President of the European Court of Human Rights, Partner in the London Office of the multinational law firm of Gibson, Dunn & Crutcher, Visiting Professor of Law at the University of Oxford, Professor of Law, University of Iceland
  • Pavlo Pushkar, Head of division, Department for the Execution of Judgments of the European Court of Human Rights, Directorate General of Human Rights and the Rule of Law, Council of Europe
  • Danielle Anne Pamplona, Full Professor at the Law School at Pontifícia Universidade Católica do Paraná
  • Stanislav Pohrebnyak, Chair of the Human Rights and Legal Methodology department at the Yaroslav Mudryi National Law University
  • Tamara Horbachevska, the Yaroslav Mudryi National Law University, the Law Group, Wageningen University, Research Assistant of the Horizon project “Rebalancing disruptivE Business of multinAtional corporation and gLobal value chAins within democratic and iNClusive citizenship processes”

Moderator: Kacper Zayac, Postdoctoral researcher within the Horizon project “Rebalancing disruptivE Business of multinAtional corporation and gLobal value chAins within democratic and iNClusive citizenship processes”, Law Group, Wageningen University

Date: 20th October 2022, online (zoom)

12.00 – 13.30 CET (13.00 – 14.30 Kyiv time)

 

RoL Talk 4. Corporate Actors under Sanctions Regime: What is the RoL saying?

Questions for the discussion

  • What sanctions mechanisms are applied in/by Ukraine to corporate actors?
  • Should applying sanctions to corporate actors be based on regular RoL requirements? Or do we need to develop a concept of “RoL for emergency“?
  • If we recognize that states and state-based regional and international institutions are empowered to apply sanctions against corporate and other private actors (do we?), should we also recognize that corporate actors are empowered to apply equivalent sanctions to other private actors as well?
  • Are existing practices of sanctions application based on RoL requirements?

Speakers

  • Iurii Barabash, Vice-Rector for Research and Academic Affairs and Strategic Development, Professor at the Yaroslav Mudryi National Law University
  • John Morrison, Executive Director, Institute for Human Rights and Business, World Economic Forum Expert
  • Andrew Dornbierer, Senior Asset Recovery Specialist with the International Centre for Asset Recovery at the Basel Institute on Governance.
  • Iryna Bogdanova, Postdoctoral Researcher, World Trade Institute, University of Bern, Lecturer, Kyiv School of Economics, author of the book “Unilateral Sanctions in International Law and the Enforcement of Human Rights” (2022)
  • Michael Strauss, professor of international relations and public international law at the Centre d’Etudes Diplomatiques et Stratégiques in Paris

Moderator: Ekaterina Deikalo, International Law and Business & Human Rights expert of the Belarusian Helsinki Committee

Date: 14 September 2023, online (zoom)

12.00 – 13.30 CET (13.00 – 14.30 Kyiv time)

 

RoL Talk 5. The Rule of Law benchmark for Social Media and Digital Platforms

Questions for the discussion

  • Could we imagine a Rule of Law Index (or benchmark) for Social Media? If so, what methodology and indicators could we propose?
  • Why are social media and digital platforms critically influencing the RoL today? Do they pose a serious threat to the rule of law?
  • What should be the strategies of regulation and restraint in relation to companies that own large social media and digital platforms?

Speakers

  • Yulia Razmetaeva, a visiting researcher at Uppsala University and Head of the Center for Law, Ethics and Digital Technologies at Yaroslav Mudryi National Law University
  • Barrie Sander, Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs
  • Andrea Pin, Associate Professor of Comparative Public Law, University of Padova Law School
  • Beatriz Botero Arcila, Assistant Professor, Sciences Po Law School
  • Jan Rydzak, the Digital Sector Transformation Lead at the World Benchmarking Alliance

Moderator: Dmytro Vovk, a Visiting professor at the Benjamin N. Cardozo School of Law, Head of theCenter for the Rule of Law and Religion Studies at Yaroslav Mudryi National Law University

Date: 21 September 2023, online (zoom)

12.00 – 13.30 CET (13.00 – 14.30 Kyiv time)

 

 

RoL Talk 6. Responsible Business Conduct for Post-War Reconstruction of Ukraine

Questions for the discussion

  • United by values: how standards of responsible business conduct can ensure a people-oriented, fair, and sustainable recovery of Ukraine
  • Due diligence in action: how to integrate the standards of responsible business conduct into the recovery process
  • How do Ukrainian businesses and investors in­tegrate the standards of responsible business conduct? What are the main obstacles and what is needed to achieve success?
  • Strengthening of the OECD National Contact Point in Ukraine: defining the future of responsible business conduct.

Speakers

  • Maryna Kupchuk, the first speaker, is the head of the sector on international investment cooperation and promotion of the development of socially responsible business at the Department of Investments, Innovations and Intellectual Property of the Ministry of Economy of Ukraine, Secretary of the National Contact Point of the OECD in Ukraine
  • Iryna Fedorovych, expert and trainer on issues of respect for diversity, non-discrimination and inclusion, Director of the NGO Social Action Center, international and national expert of the Council of Europe, national consultant of the UNDP on business and human rights
  • Yuliia Helazhys, the Head of Innovation and Climate Directions of the UN Global Compact in Ukraine
  • Anton Antonenko, Vice President of the analytical center DiXi Group, an expert on energy policy
  • Iryna Konovalova, the head of the Kharkiv office of the European Business Association
  • Lyudmila Tsyganok, President of the Association of Environmental Professionals (PAEW) and General Director of the Office of Sustainable Solutions
  • Daria Nagaivska, PhD, researcher at the Business School of Aalto University, UNDP consultant on business and human rights issues, gender equality expert of the NGO “Actual Woman”
  • Olga Boyko, coordinator of the Industrial Ecology and Sustainable Development Committee of the European Business Association
  • Olena Pavlenko, journalist of Kharkiv Today
  • Anna Chaika, certified auditor and owner of the auditing firm “Business Element”, head of the Kharkiv representative office of the international public organization “Council of Independent Accountants and Auditors”, and Managing Partner of the Ukrainian Business Association in Lithuania
  • Alevtyna Savchenko, head of the Center for Prospective Research and Cooperation on Human Rights in the Economic Sphere of V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine
  • Olena Stepanenko, an expert at the Confederation of Employers of Ukraine
  • Olena Mytnyk, UNDP Business and Human Rights Specialist
  • Andriy Klymosyuk, representative of the Institute of Legislative Ideas Analytical Center.

 Moderator: Olena Uvarova, PhD, head of the International Laboratory for Business and Human Rights at Yaroslav Mudryi National University of Law, MSCA4Ukraine postdoc, Wageningen University.

Date: 28 September 2023, online (zoom)

12.00 – 15.30 CET (13.00 – 16.30 Kyiv time)

 

RoL Talk 7. The Rule of law assessments

Questions for the discussion

  • Methodology of measuring the corporate actors’ impact on the rule of law environment
  • Corporate capture and corporate contribution to structural inequality
  • Corporate Integrity
  • Corporate Transparency and Meaningful Stakeholders Engagement
  • Fundamental Rights
  • Order and Security
  • Impact on regulatory sphere
  • Civil Corporate Accountability for Human Rights Abuses
  • Criminal Corporate Accountability for Human Rights Abuses
  • Access to Grievance Mechanisms

Speakers

  • Iurii Barabash, Vice-Rector for Research and Academic Affairs and Strategic Development, Professor at the Yaroslav Mudryi National Law University
  • Tamara Horbachevska, Yaroslav Mudryi National Law University, the Law Group, Wageningen University, Research Assistant of the Horizon project “Rebalancing disruptivE Business of multinAtional corporation and gLobal value chAins within democratic and iNClusive citizenship processes”
  • Viktor Smorodynski, Associate Professor, Yaroslav Mudryi National Law University
  • Olena Uvarova, Head of International Lab on Business and Human Rights, Centre for Research and projects support at Yaroslav Mudryi National Law University, Visiting Researcher at the Law Group, Wageningen University.

Date: 21 March 2024, online (zoom)

12.00 – 14.00 CET (13.00 – 15.00 Kyiv time)

 

RoL Talk 8. SUSTAINABILITY IN TRANSITION: CORPORATE RESPECT FOR SOLIDARITY

Questions for the discussion

  • How is the concept of corporate respect for human rights transformed under the influence of the social solidarity idea?
  • What (public and private) regulation aimed at balancing individual human rights and the requirements of social solidarity is applied in different regions of the world (with a focus on comparing Western democracies and post-socialist countries of Eastern Europe and Central Asia)?
  • What influence do international/regional human rights protection systems have on determining how to balance individual human rights and social solidarity?
  • What factors influence RBC and ensuring the effective implementation of human rights and social solidarity requirements by corporate actors?
  • What are the common and distinctive characteristics of business compared to other non-state actors that influence the scope of their human rights and social solidarity responsibilities?
  • How to implement human rights and social solidarity requirements depending on ownership (private, state, municipal companies), size (small, medium, large), functions (provision of essential and/or strategic goods and services or not), and territories (transnational, national, local companies)?
  • What principles should be used to balance individual human rights and social solidarity in business activities, including in situations of global emergencies and war?

Speakers

  • Robert Spano, the former President of the European Court of Human Rights and Judge of the Court elected in respect of Iceland (2013-2022), Professor of Law in the Faculty of Law, University of Iceland and is Counsel in the leading international law firm of Gibson, Dunn & Crutcher (London)
  • Josephine van Zeben, Professor and Chair of Transnational Law at the Florence School of Transnational Governance, co-editor-in-chief of Transnational Environmental Law, series editor of the Transnational Environmental Law book series (both Cambridge University Press) and part of the Transdisplinary Advisory Board of JPI Climate, former Chair of the LAW group at Wageningen University (WUR, the Netherlands) and Law Fellow at Worcester College, University of Oxford
  • Markus Krajewski, Chair in Public Law and Public International Law | University of Erlangen-Nürnberg
  • Tetyana Komarova, Doctor of Jur. Sciences (Dr. hab), Professor, Head of the Department of the European Union Law, Yaroslav Mudryi National Law University.

Date: 28 March 2024, online (zoom)

12.00 – 15.30 CET (13.00 – 16.30 Kyiv time)

 

RoL 9. Solidarity and Corporate Respect for Human Rights

Questions for the discussion

  • How to conceptualize RBC so that it includes both the corporate responsibility to respect human rights and solidarity, and is better suited to various contexts including war and crises, and non-Western new democracies?
  • How to build models of regulation (state and non-state) suited to situations of global emergencies and to identify the specificities of balancing social solidarity and individual human rights in Western democracies and post-socialist countries?

Speakers

  • Florian Wettstein, professor of business ethics and director of the Institute for Business Ethics at University of St. Gallen
  • Nadia Bernaz, Professor in the LAW group at Wageningen University
  • Jernej Letnar Cernic, Professor of Constitutional and Human Rights Law, Faculty of Government and European Studies, New University
  • Beata Faracik, a co-founder and President of the board of the Polish Institute for Human Rights and Business (PIHRB)
  • Olga Martin-Ortega, Professor of International Law at the School of Law and Criminology. She leads the Business, Human Rights and Environment Research
  • Chiara Macchi, Assistant Professor of Law and Coordinator of Education at Wageningen University & Research – Law Group
  • Kateryna Buriakovska, Assitant Professor at Yaroslav Mudryi National Law University; Guest Researcher at Friedrich-Alexander-Universität Erlangen-Nürnberg.

Date: 4 April 2024, online (zoom)

12.00 – 16.30 CET (13.00 – 17.30 Kyiv time)