This chapter considers the proper role of counsel advising companies on how to navigate the suite of emerging corporate human rights laws across jurisdictions. The UN Guiding Principles on Business and Human Rights reshaped corporate responsibility from a public relations exercise to an objective, governance-focused discipline. That reconception has inspired a novel, dynamic, and interwoven web of regulation, litigation, and investor risk. Effective counsel in this arena depends on anticipating risk trends—both legal and non-legal; taming the uncertainty in risk substance and scope with principled definitions; and structured integration of priority risks in enterprise risk-management policies and protocols. The chapter explores the practical implications of legal trends and demonstrates in practice how effective counsel can derive resilient, precise, and structured governance from abstract human rights concepts.

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Taming the Uncertainty: The Art & Science of Corporate Human Rights Counsel

  • Yousuf Aftab

摘要

This chapter considers the proper role of counsel advising companies on how to navigate the suite of emerging corporate human rights laws across jurisdictions. The UN Guiding Principles on Business and Human Rights reshaped corporate responsibility from a public relations exercise to an objective, governance-focused discipline. That reconception has inspired a novel, dynamic, and interwoven web of regulation, litigation, and investor risk. Effective counsel in this arena depends on anticipating risk trends—both legal and non-legal; taming the uncertainty in risk substance and scope with principled definitions; and structured integration of priority risks in enterprise risk-management policies and protocols. The chapter explores the practical implications of legal trends and demonstrates in practice how effective counsel can derive resilient, precise, and structured governance from abstract human rights concepts.