Article: Arbitragem, Empresas e Direitos Humanos: uma Análise das Cláusulas Modelo e das Regras da Haia

Abstract

Global value chains are characterized by the fragmentation of the production process and, in most cases, involve different companies with a presence in more than one country. This ends up increasing legal problems at a supranational level, especially with regard to human rights violations. In this fragmented legal context, arbitration emerges as an alternative to traditional state modes of conflict resolution. Based on the study of two emblematic cases of human rights violations in global value chains – the Rana Plaza disaster and the Kiobel v. Shell case – as well as bibliographical and documentary research, this article intended to investigate whether arbitration is an appropriate method for the resolution of conflicts of this nature, capable of ensuring the protection of victims’ rights in the face of business interests. It is concluded that both at a material level – through initiatives created by multilateral organizations – and at a procedural level – based on adaptations made by the Hague Rules – there is a normative framework concerned with the effectiveness and balance in the prevention and repair of conflicts involving companies and rights human rights, which increases the number of tools available to victims to seek redress for violations of their rights. International law; human rights; arbitration; Rana Plaza; Kiobel v. Shell.