New Event! Human Rights and the Immunity of International Financial Institutions - Reflections on Jam v. IFC - 24 April - Asser Institute

On 27 February 2019, in a 7-1 decision, the US Supreme Court made an end to the absolute immunity from suit that international organisations (IOs) had consistently enjoyed in US courts. The decision realigns the immunity regime for IOs with that for foreign states, which leaves the opportunity to sue organisations such as the International Finance Corporation (IFC) when they engage in commercial activities. In a flare of enthusiasm among academics and (human rights) activists, the decision was immediately granted a landmark​ status and marked as a turning point in the long history of impunity for social, ecological and human harm caused by the activities of IOs. This Doing Business Right Talk ​will summarise the reasoning in the decision and explore the foreseeable effects on the legal accountability of IOs, and international financial institutions in particular. The most immediate effect, in that sense, might not be located on the avenue of adjudication, but in the various accountability mechanisms that have been created within IOs themselves.


Dimitri van den Meerssche is a researcher in the Dispute Settlement and Adjudication strand at the T.M.C. Asser Instituut. His research reflects on the law of international organisations, international legal practices and technologies of global governance. This work is inspired by insights from science and technology studies, performativity theory and actor-network theory. Dimitri is currently finalising his doctoral dissertation at the European University Institute, which he expects to defend in winter 2019. His dissertation is entitled “The World Bank’s Lawyers – An Inquiry into the Life of Law as Institutional Practice”. In the context of this dissertation, Dimitri has worked for three months at the World Bank Legal Vice-Presidency and spent one semester as visiting doctoral researcher at the London School of Economics.


When: Wednesday 24 April 2019 at 16:00

Where: Asser Institute in The Hague

Register Here

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Doing Business Right Blog | Doing Business Right – Monthly Report – September 2018 - By Shamistha Selvaratnam

Doing Business Right – Monthly Report – September 2018 - By Shamistha Selvaratnam

Editor’s note: Shamistha Selvaratnam is a LLM Candidate of the Advanced Masters of European and International Human Rights Law at Leiden University in the Netherlands. Prior to commencing the LLM, she worked as a business and human rights solicitor in Australia where she specialised in promoting business respect for human rights through engagement with policy, law and practice.


Introduction

This report compiles all relevant news, events and materials on Doing Business Right based on the coverage provided on our twitter feed @DoinBizRight and on various websites. You are invited to contribute to this compilation via the comments section below, feel free to add links to important cases, documents and articles we may have overlooked.

The Headlines

Chevron Corporation and Texaco Petroleum Company v The Republic of Ecuador

On 30 August 2018 an international tribunal administered by the Permanent Court of Arbitration in The Hague issued an award in favour of Chevron Corporation and Texaco Petroleum Company, holding that the Republic of Ecuador had violated its obligations under international treaties, investment agreements and international law. The tribunal found that a $9.5 billion judgment handed down by Ecuador’s Supreme Court in the Lago Agrio case was procured through fraud, bribery and corruption. It also found that the Republic of Ecuador had already released the claims that formed the basis of the judgment years before. The tribunal concluded that the fraudulent Ecuadorian judgment is “not final, enforceable, or conclusive under Ecuadorian and international law” and therefore cannot be enforced within or outside of Ecuador and that it “violates international public policy and natural justice”.

Draft Optional Protocol to Business and Human Rights Treaty

On 4 September 2018 the Permanent Mission of Ecuador to the UN and other International Organizations in Geneva presented the ‘Draft Optional Protocol To The Legally Binding Instrument To Regulate, In International Human Rights Law, The Activities Of Transnational Corporations And Other Business Enterprises’ (Optional Protocol). The Optional Protocol focuses on ensuring State Parties to the Optional Protocol establish mechanisms that provide access to remedy for victims of human rights violations in the context of business activities of a transnational character. It also provides individuals and group with the ability to make communications to the Committee of experts.

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