Index Intergovernmental Mechanisms The United Nations System for the Promotion and Protection of Human Rights United Nations Treaty-Based Mechanisms Obligations of states under the main UN Human Rights Instruments The monitoring activities of the treaty bodies General Comments State Reports Inter-state Complaints Individual Complaints Inquiries or visits The Charter-Based Mechanisms The Universal Periodic Review (UPR) The Complaint Procedure of the Human Rights Council -1503 procedure The Special Procedures of the Human Rights Council Useful resources and examples Human Rights mechanisms and competence of treaty bodies Examples of reports and documents issued by the Special Procedures in relation to business and human rights Additional resources The International Labor Organisation System Rights Protected under the ILO system Complaints Regarding Freedom of Association – The Committee on Freedom of Association Representations Regarding Violations of ILO Conventions Complaints Under Article 26 Regarding Violations of ILO Conventions – Commissions of Inquiry Comparing the ILO Mechanisms Additional Resources Regional Mechanisms In Europe The European Court of Human Rights The European Social Charter Charter of Fundamental Rights of the European Union Additional Resources In Africa The African Commission on Human and Peoples’ Rights The African Court on Human and Peoples’ Rights The Courts of Justice of the African Regional Economic Communities Additional Resources In America The Inter-American Commission The Inter-American Court Additional Resources Other Regional Mechanisms Judicial Mechanisms Extraterritorial Civil Liability of Multinational Corporations for Human Rights Violations Establishing the Jurisdiction of a US Court and Determining the Law Applicable to the Case Under what conditions will a US court recognize jurisdiction? Applying the ATS to private individuals and multinational corporations Conditions for bringing action under the ATS What are the obstacles to a U.S. court recognizing jurisdiction? The doctrine of forum non conveniens Immunities and acts of state What law will the U.S. forum court apply? Exploring the future and viability of ATS Lessons on the Alien Tort Statute and Additional Resources Litigation examples in Canada Establishing Jurisdiction in an EU Member State Court and Determining the Law Applicable to the Case Under what conditions will an EU Member State court recognize jurisdiction? What are the obstacles to an EU Member State court recognizing jurisdiction? What law will an EU Member State forum court apply? Law applicable to events giving rise to damage occurring prior to 11 January 2009 Law applicable to events giving rise to damage occurring after 11 January 2009 The Accountability of Parent Companies for Acts Committed Abroad: “Piercing the Corporate Veil” Clarifying direct or indirect participation US Courts EU Member State Courts A look at the National trial procedure Litigation examples in other states Additional resources Extraterritorial Criminal Liability of Multinational Corporations for Human Rights Violations Criminal Prosecution of Multinationals before the International Courts Ad hoc International Criminal Tribunals The International Criminal Court Additional Resources Extraterritorial Criminal Liability of European-based Multinational Corporations Applying the principle of corporate criminal liability Overview of the national laws of EU Member States Determining a court’s extraterritorial jurisdiction Active personality Overview of the principle of active personality Applying the principle Passive personality Passive personality in the EU Member States Cross-cutting issues Universal Jurisdiction War crimes and torture in treaty obligations Other serious violations of international humanitarian and human rights law Overarching questions to different types of extraterritorial jurisdiction The suspect’s presence on the soil of the prosecuting State Ways to lodge complaints Hierarchy and subsidiarity in the principles of extraterritorial jurisdiction Additional resources and relevant legislation Extraterritorial Criminal Liability of Multinational Corporations before US Courts Recognising the principle of corporate criminal liability and applicable penalties The jurisdiction of US criminal courts for acts committed abroad Overview of the proceedings Extraterritorial Criminal Liability of Multinational Corporations before Canadian Courts Recognising the principle of corporate criminal liability and applicable penalties The jurisdiction of Canadian criminal courts for acts committed abroad Overview of the proceedings Climate change litigation against companies Mediation Mechanisms OECD Guidelines for Multinational Enterprises Content of the OECD Guidelines Guidance on application of the guidelines What bodies are involved in the implementation of the Guidelines? Filing a complaint at the NCP: The “Specific Instances” Procedures Are NCP complaints effective? Additional Resources and examples National Human Rights Institutions (NHRIs) Ombudspersons Following the Money to Seek Accountability – Using Financial Institutions’ Mechanisms and Engaging with Stakeholders International Financial Institutions The World Bank Group World Bank Inspection Panel Grievance Redress Service Compliance Advisor Ombudsman (CAO) The International centre for the Settlement of Investment Disputes (ICSID) Additional Resources Regional Development Banks European Investment Bank The EIB complaints mechanism The European ombudsman European Bank for Reconstruction and Development Inter-American Development Bank African Development Bank Asian Development Bank Are Development Banks doing enough? Recap: a Comparative table of the IFIs’ mechanisms Export Credit Agencies Overview Examples of agencies with complaints mechanisms Canada – Export Development Canada (EDC) USA – US International Development Finance Corporation (DFC) Other ECAs in action Private Banks Engaging with Shareholders of the Company Adoption of principles and codes of conduct that support responsible investment SRI funds or sustainable development Funds with a negative screening element Thematic funds Shareholder activism or advocacy Voluntary Commitments (Using CSR Initiatives as a tool) Overview of CSR initiatives The UN Global Compact ISO – International Organisation for Standardization Extractive industry initiatives The Voluntary Principles on Security and Human Rights The International Council on Mining and Metals (ICMM) The Executive Industry Transparency Initiative (EITI) Labour Rights Initiatives in the Supply Chain ETI - Ethical Trading Initiative SAI - Social Accountability International Fair Wear Foundation Fair Labor Association (FLA) Worker Rights Consortium (WRC) Fair Trade Initiatives International Framework Agreements (IFAs) Using the voluntary commitments of companies as a basis for legal action