The monograph focuses on the human rights challenges that are associated with the involvement of ... more The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had a significant role in shaping the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities. By focusing on State-owned or State-controlled business entities, rather than private corporations, the monograph aims to offer an alternative perspective on the challenges associated with corporations and human rights.
Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) ... more Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) have specific provisions that are applicable to States to ensure that businesses that are owned or controlled by the State, or that enter into transactions with the State, respect human rights; most scholarship, so far, seems to have focused mainly on the corporate responsibilities of privately owned entities to respect human rights. This article seeks to rectify this apparent gap in scholarship by providing an introduction to what the UNGPs refer to in Principles 4, 5 and 6 as 'the State-business nexus.' In this context, this article is composed of five sections and proceeds in the following manner. The first section introduces the coverage of the State-business nexus in the UNGPs. The second section seeks to determine who are the actors to whom the provisions of UNGPs 4, 5 and 6 may be applicable. The third section analyses in detail on Principles 4, 5 and 6 and shows how the UNGPs focus on this issue from three different perspectives. The fourth section examines the content of the State duty to protect human rights in the context of the State-business nexus, while the fifth section concludes.
The Law & Practice of International Courts and Tribunals
The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning S... more The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning State-owned entities (SOE s) in the following areas: standing, the criteria for determining the nature and status of an entity, the positive obligations of States in the context of SOE s, the attribution of acts and omissions of SOE s to the State for the purpose of State responsibility, the liability of States for the debts of SOE s and the obligations of the State to promptly enforce decisions against SOE s. The aim of the article is to uncover the main issues that the ECtHR has had to consider when dealing with SOE s: whether the approach taken by the Court is consistent over time; whether and where applicable the Court’s approach is consistent with, or departs from, general international law; and what are the main principles that can be ascertained from this case law.
Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) ... more Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) have specific provisions that are applicable to States to ensure that businesses that are owned or controlled by the State, or that enter into transactions with the State, respect human rights; most scholarship, so far, seems to have focused mainly on the corporate responsibilities of privately owned entities to respect human rights. This article seeks to rectify this apparent gap in scholarship by providing an introduction to what the UNGPs refer to in Principles 4, 5 and 6 as 'the State-business nexus.' In this context, this article is composed of five sections and proceeds in the following manner. The first section introduces the coverage of the State-business nexus in the UNGPs. The second section seeks to determine who are the actors to whom the provisions of UNGPs 4, 5 and 6 may be applicable. The third section analyses in detail on Principles 4, 5 and 6 and shows how the UNGPs focus on this issue from three different perspectives. The fourth section examines the content of the State duty to protect human rights in the context of the State-business nexus, while the fifth section concludes.
The monograph focuses on the human rights challenges that are associated with the involvement of ... more The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had a significant role in shaping the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities. By focusing on State-owned or State-controlled business entities, rather than private corporations, the monograph aims to offer an alternative perspective on the challenges associated with corporations and human rights.
The purpose of this article is to demonstrate that a wide range of entities associated with the S... more The purpose of this article is to demonstrate that a wide range of entities associated with the State and which engage in business or investment activities on behalf of the State have an important role to play in the promotion and implementation of the sustainable development goals found in the 2030 Agenda. The contribution starts with a background to the 2030 Agenda, followed by an introduction to the features of State-owned entities. Since the 2030 Agenda requires the ‘mobilization of all available resources’ to achieve its implementation, it is argued that entities that are owned by States could have a significant role to play in this context. Examples of good practices from a number of jurisdictions show how the development and implementation of domestic measures that cover State-owned entities have the potential to contribute to the promotion and implementation of the 2030 Agenda.
Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) ... more Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) have specific provisions that are applicable to States to ensure that businesses that are owned or controlled by the State, or that enter into transactions with the State, respect human rights; most scholarship, so far, seems to have focused mainly on the corporate responsibilities of privately owned entities to respect human rights. This article seeks to rectify this apparent gap in scholarship by providing an introduction to what the UNGPs refer to in Principles 4, 5 and 6 as 'the State-business nexus.' In this context, this article is composed of five sections and proceeds in the following manner. The first section introduces the coverage of the State-business nexus in the UNGPs. The second section seeks to determine who are the actors to whom the provisions of UNGPs 4, 5 and 6 may be applicable. The third section analyses in detail on Principles 4, 5 and 6 and shows how the UNGPs focus on this issue from three different perspectives. The fourth section examines the content of the State duty to protect human rights in the context of the State-business nexus, while the fifth section concludes.
The law and practice of international courts and tribunals, Jul 12, 2022
The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning S... more The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning State-owned entities (SOE s) in the following areas: standing, the criteria for determining the nature and status of an entity, the positive obligations of States in the context of SOE s, the attribution of acts and omissions of SOE s to the State for the purpose of State responsibility, the liability of States for the debts of SOE s and the obligations of the State to promptly enforce decisions against SOE s. The aim of the article is to uncover the main issues that the ECtHR has had to consider when dealing with SOE s: whether the approach taken by the Court is consistent over time; whether and where applicable the Court’s approach is consistent with, or departs from, general international law; and what are the main principles that can be ascertained from this case law.
The monograph focuses on the human rights challenges that are associated with the involvement of ... more The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had a significant role in shaping the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities. By focusing on State-owned or State-controlled business entities, rather than private corporations, the monograph aims to offer an alternative perspective on the challenges associated with corporations and human rights.
Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) ... more Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) have specific provisions that are applicable to States to ensure that businesses that are owned or controlled by the State, or that enter into transactions with the State, respect human rights; most scholarship, so far, seems to have focused mainly on the corporate responsibilities of privately owned entities to respect human rights. This article seeks to rectify this apparent gap in scholarship by providing an introduction to what the UNGPs refer to in Principles 4, 5 and 6 as 'the State-business nexus.' In this context, this article is composed of five sections and proceeds in the following manner. The first section introduces the coverage of the State-business nexus in the UNGPs. The second section seeks to determine who are the actors to whom the provisions of UNGPs 4, 5 and 6 may be applicable. The third section analyses in detail on Principles 4, 5 and 6 and shows how the UNGPs focus on this issue from three different perspectives. The fourth section examines the content of the State duty to protect human rights in the context of the State-business nexus, while the fifth section concludes.
The Law & Practice of International Courts and Tribunals
The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning S... more The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning State-owned entities (SOE s) in the following areas: standing, the criteria for determining the nature and status of an entity, the positive obligations of States in the context of SOE s, the attribution of acts and omissions of SOE s to the State for the purpose of State responsibility, the liability of States for the debts of SOE s and the obligations of the State to promptly enforce decisions against SOE s. The aim of the article is to uncover the main issues that the ECtHR has had to consider when dealing with SOE s: whether the approach taken by the Court is consistent over time; whether and where applicable the Court’s approach is consistent with, or departs from, general international law; and what are the main principles that can be ascertained from this case law.
Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) ... more Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) have specific provisions that are applicable to States to ensure that businesses that are owned or controlled by the State, or that enter into transactions with the State, respect human rights; most scholarship, so far, seems to have focused mainly on the corporate responsibilities of privately owned entities to respect human rights. This article seeks to rectify this apparent gap in scholarship by providing an introduction to what the UNGPs refer to in Principles 4, 5 and 6 as 'the State-business nexus.' In this context, this article is composed of five sections and proceeds in the following manner. The first section introduces the coverage of the State-business nexus in the UNGPs. The second section seeks to determine who are the actors to whom the provisions of UNGPs 4, 5 and 6 may be applicable. The third section analyses in detail on Principles 4, 5 and 6 and shows how the UNGPs focus on this issue from three different perspectives. The fourth section examines the content of the State duty to protect human rights in the context of the State-business nexus, while the fifth section concludes.
The monograph focuses on the human rights challenges that are associated with the involvement of ... more The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had a significant role in shaping the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities. By focusing on State-owned or State-controlled business entities, rather than private corporations, the monograph aims to offer an alternative perspective on the challenges associated with corporations and human rights.
The purpose of this article is to demonstrate that a wide range of entities associated with the S... more The purpose of this article is to demonstrate that a wide range of entities associated with the State and which engage in business or investment activities on behalf of the State have an important role to play in the promotion and implementation of the sustainable development goals found in the 2030 Agenda. The contribution starts with a background to the 2030 Agenda, followed by an introduction to the features of State-owned entities. Since the 2030 Agenda requires the ‘mobilization of all available resources’ to achieve its implementation, it is argued that entities that are owned by States could have a significant role to play in this context. Examples of good practices from a number of jurisdictions show how the development and implementation of domestic measures that cover State-owned entities have the potential to contribute to the promotion and implementation of the 2030 Agenda.
Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) ... more Despite the fact that the United Nations Guiding Principles on Business and Human Rights (UNGPs) have specific provisions that are applicable to States to ensure that businesses that are owned or controlled by the State, or that enter into transactions with the State, respect human rights; most scholarship, so far, seems to have focused mainly on the corporate responsibilities of privately owned entities to respect human rights. This article seeks to rectify this apparent gap in scholarship by providing an introduction to what the UNGPs refer to in Principles 4, 5 and 6 as 'the State-business nexus.' In this context, this article is composed of five sections and proceeds in the following manner. The first section introduces the coverage of the State-business nexus in the UNGPs. The second section seeks to determine who are the actors to whom the provisions of UNGPs 4, 5 and 6 may be applicable. The third section analyses in detail on Principles 4, 5 and 6 and shows how the UNGPs focus on this issue from three different perspectives. The fourth section examines the content of the State duty to protect human rights in the context of the State-business nexus, while the fifth section concludes.
The law and practice of international courts and tribunals, Jul 12, 2022
The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning S... more The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning State-owned entities (SOE s) in the following areas: standing, the criteria for determining the nature and status of an entity, the positive obligations of States in the context of SOE s, the attribution of acts and omissions of SOE s to the State for the purpose of State responsibility, the liability of States for the debts of SOE s and the obligations of the State to promptly enforce decisions against SOE s. The aim of the article is to uncover the main issues that the ECtHR has had to consider when dealing with SOE s: whether the approach taken by the Court is consistent over time; whether and where applicable the Court’s approach is consistent with, or departs from, general international law; and what are the main principles that can be ascertained from this case law.
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Papers by MIhaela Barnes