CYIL vol. 10 (2019)

MONIKA FEIGERLOVÁ CYIL 10 ȍ2019Ȏ The book is well-organized around the principal grounds and questions that are relevant for business and a human rights discussion. Under six thematic parts the editors gradually explore individual issues in twenty essays: the international law framework (I.), human rights challenges (II.), constitutional framework for implementation of human rights (III.), corporate social responsibility and labour law (IV.), business and human dignity (V.), and business and human rights in the information society (VI.). Part I. sets the scene by describing the existing binding and non-binding international instruments, including Article 8 of the European Convention on Human Rights, the OECD Guidelines for Multinational Enterprises, and international investment law. Both editors have contributed to the publication. The first editor, Prof. Šturma, points out the wide gap between investment and human rights. He highlights that, despite the potential same object of protection, i.e. individual rights to property and fair and non-discriminatory treatment, the holders of rights and obligations under the international investment law and the human rights law regimes are different (p. 13). He outlines recent developments in drafting BITs and other IIAs aimed at balancing the Host States’ rights through provisions incorporating protection of public goods and interests, adding specific human rights (such as social rights and labour), enabling the Host State to raise a defense linked to human rights and to bring a counterclaim against the investor, and, last but not least, requiring investors to respect the standards of Corporate Social Responsibility. Against this backdrop, he questions whether these new developments are capable of contributing to the better protection of human rights. The OECD Guidelines for Multinational Enterprises, with which the investors are newly encouraged to comply as a part of the CSR clauses in modern IIAs, are introduced in the subsequent text on pages 52 to 63. O. Svoboda presents valuable examples of complaints of business-related human rights abuses brought against multinational enterprises before relevant National Contact Points being the non-judicial grievance mechanisms established by the adhering countries in their jurisdictions under the OECD Guidelines (pp. 60-61) and critically assesses the so far unused potential of this legally non-binding venue for increasing human rights protection in the context of the conduct of multinational enterprises. A thought-provoking question about the transnationality and “new” fundamental rights is posed by R. Burlani and M. Garcia who shed light on the UN 2030 Agenda for Sustainable Development (p. 33). As regards hard law human rights instruments, A. Tymofeyeva demonstrates on case studies of the European Court of Human Rights that business entities can be involved in abuses of the right to respect for private and family life guaranteed under Article 8 of the European Convention on Human Rights even though only the State can be the responsible subject in the adjudicated cases. She brings into debate three main areas in which activities of businesses can contribute to the infringement of the right to private life, being the protection of environment, defamation proceedings due to acts of private media business, and employment disputes involving surveillance at the workplace (p. 40). Despite the absence of direct obligations of private companies to protect human rights under the Convention, it may be expected that companies will be required under national legislations to be more and more mindful of conducting their businesses with the Convention standards (p. 45). Part I concludes with I. Machoňová Schellongová’s observations on the increasing attention paid by human rights bodies in their activity (general comments, jurisprudence, concluding observations) to States’ duty to prevent corporations from infringing on human

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