Abstract This article argues that the global Business and Human Rights movement demonstrates a push towards a human-rights type of sustainable corporation, reconciling economic development and human rights. It explains the necessity for and significance of a definition of a sustainable corporation at the intersection of traditional international human rights and sustainable development instruments. It argues, inter alia, that an internationally recognised definition of a sustainable corporation can settle fundamental questions and create a minimal framework for meaningful discourse on corporate accountability for human rights, climate change and the environment. It identifies difficulties of defining a sustainable corporation such as the integration problem. It suggests ‘direct human rights obligation’ as a minimally sufficient normative criterion for the definitional correctness of a sustainable corporation. The suggested definition of sustainable corporation requires taking a normative position which makes the term ‘essentially contested’ resulting in discursive and behavioural norm contestation in the search for definitional determinacy and consensus within the divide between international and domestic law.

Abstract 2024 marked ten years since the Arms Trade Treaty (ATT) took effect. Firmly rooted in international human rights and humanitarian law, the ATT is the first legally binding instrument to regulate international arms transfers. It is a framework for national action to (i) contribute to peace and security, (ii) reduce human suffering caused by irresponsible arms transfers and (iii) promote transparency in the international arms trade. This piece exploresrecent developments in the ATT process that represent a pivot from building treaty infrastructure toward more expansive stakeholder engagement, increased information exchange centred on state practice and a sharper focus on the ATT’s human impact. Key new features are discussions on actual arms transfer decisions and the examination of the independent human rights responsibilities of industry that operate alongside government risk assessment obligations. Finally, this piece assesses the potential impact of these efforts on the achievement of the ATT’s humanitarian purpose.

Abstract Immersive technologies, such as augmented reality (AR) and virtual reality (VR), allow people to immerse themselves in a complete virtual environment, or enhance the physical world with digital elements. Also referred to as extended reality (XR), these technologies create experiences that feel real, whether fully or partially virtual. The impact of XR on human rights and society is linked to a large-scale consumer breakthrough, which could pose significant human rights risks. This article discusses these risks through the lens of four public values rooted in human rights instruments: privacy, autonomy, non-discrimination and a clean and healthy environment. It highlights the urgency for governments to protect and companies to respect the rights of both XR users and non-users. The aim is to initiate discussions on early interventions, avoiding missteps seen during the rise of social media, when benefits were encouraged, while risks were overlooked.

Abstract The 2017 French Law on the Duty of Vigilance of Parent and Lead Companies has been hailed as a pioneering national legislation to hold corporations accountable for human rights and environmental abuses. Most lawsuits brought under this law have faced a plethora of admissibility objections, and so far, only one case has resulted in a decision on the merits. Initial formalistic court decisions on admissibility have now been mostly dismissed. However, critical questions around the role and powers entrusted to judges under the law remain contested.

Abstract Greenwashing cases holding businesses to account for false or misleading eco-claims are an increasingly visible component of the business and human rights landscape globally. In the European Union (EU), the Unfair Commercial Practices Directive is the centrepiece of regulation for business-to-consumer claims. Within the European Green Deal initiative, the EU is revising this framework, first with the Directive to ‘Empower Consumers for the Green Transition,’ and second the pending proposal for a ‘Green Claims Directive,’ introducing detailed requirements on the substantiation and communication of ‘green claims’ to consumers. If fully adopted, this fundamental reform will impose greater restraints on the discretion of any authority charged with the assessment of green claims and provide more uniform criteria across the EU, resulting in more accurate environmental claims and greater clarity for consumers and businesses alike.

Abstract This piece outlines the engagement of the Inter-American Court of Human Rights with the United Nations (UN) Guiding Principles on business and human rights in light of the Advisory Opinion requested by Mexico on the obligations of the firearms industry. It outlines how the Court has relied on the distinction between positive and negative human rights duties, which has led it to constantly find states responsible for omissions (failing to ensure rights) instead of actions (carried out by private actors, including corporations). For the Court, such a distinction translates into the possibility that corporations can violate human rights directly.