Nadia Bernaz's research while affiliated with Wageningen University & Research and other places

Publications (17)

Presentation
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This presentation summarizes the findings of a project that investigated how the different actors involved in the Milieudefensie vs. Royal Dutch Shell court case used climate science to make their arguments. It explains how this case can be understood as a form of 'anticipatory climate litigation', and how science plays a different role here than i...
Article
In 2015, the Fédération Internationale de Football Association (FIFA) commissioned John Ruggie, the architect of the United Nations Guiding Principles on Business and Human Rights (UNGPs), to help FIFA embed human rights into its operations, taking the UNGPs as the “authoritative standard.” In the following years, FIFA made a number of human rights...
Article
Often seen as selfless champions of human rights, non-governmental organizations are vulnerable to attacks from unscrupulous states, which makes NGO regulation and accountability for human rights a sensitive issue. Yet, like all organizations, NGOs can have negative human rights impacts. States and international organizations have developed busines...
Article
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p>This article was intended for inclusion in the Special Issue on Business and Human Rights Regulation After the UN Guiding Principles. It was, however, published in a separate issue, Volume 22, Issue 1, 2021 and is available at https://doi.org/10.1007/s12142-020-00606-w.</p
Article
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This article conceptualizes corporate accountability under international law andintroduces an analytical framework translating corporate accountability into seven core elements.Using this analytical framework, it then systematically assesses four models that could be used ina future business and human rights treaty: the United Nations Guiding Princ...
Article
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Under the 2011 UN Guiding Principles on Business and Human Rights (UNGPs), banks, like all businesses, have a responsibility to respect human rights and to carry out human rights due diligence. Although climate due diligence is not explicitly included in the UNGPs, tackling an enterprise’s direct and indirect climate change impacts is arguably a di...
Article
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Infants are vulnerable consumers and highly depend on dietary proteins for growth and development during their first months of life. Infant formula (IF) and follow-on formula (FOF) have been developed to meet these requirements, although few protein sources are currently allowed to be used. At the same time, allergies to these available protein sou...
Article
Full-text available
This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights (BHR) treaty: the United Nations Guid...
Article
Full-text available
Securing accountability of states for their climate actions is a continuing challenge within multilateral climate politics. This article analyses how novel, face-to-face, account-giving processes for developing countries, referred to as ‘Facilitative Sharing of Views’, are functioning within the United Nations Framework Convention on Climate Change...
Article
In May 2020, the European Commission published the Farm to Fork Strategy aiming to create a fair, healthy and environmentally friendly food system. The Strategy is an important element of the European Green Deal and includes a Draft Action Plan with 27 specific proposals for action and a timeframe. This article outlines the Draft Action Plan and ev...
Article
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This paper explores how UK-based companies deal with their responsibility to respect the human rights of Assam (India) tea plantation workers. Through qualitative content analysis of publicly available corporate reports and other documents, it investigates how companies approach and communicate their potential human rights impacts. It highlights th...
Article
This article delves into the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) with a view to inform the negotiating process of the proposed business and human rights (BHR) treaty. It highlights points of convergence and divergence between the two regulatory regimes and explores how the BHR treaty negotiat...
Article
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Empirical studies indicate that business compliance with the UK Modern Slavery Act is disappointing, but they struggle to make sense of this phenomenon. This article offers a novel framework to understand how business organizations construct the meaning of compliance with the UK Modern Slavery Act. Our analysis builds on the endogeneity of law theo...
Article
In September 2016, the Office of the Prosecutor of the International Criminal Court issued a Policy Paper on Case Selection and Prioritization in which it indicated that the Office will now 'give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in ::: the destruction of the environment, the...
Article
In June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first session launching the negotiations process—the culmination of a global movement of non-governmental organizations (NGOs) that over the last four decades have call...

Citations

... 164 Because new government-led international initiatives to regulate the NGO sector could be accused of concealing sinister political agendas, or at least of being inappropriately intrusive, business and human rights instruments, although not designed with NGOs in mind, provide an attractive and moderate avenue to enhance NGO accountability. 165 In addition to the application of business and human rights law to NGOs, another route to enact NGO accountability consists in extraterritorial jurisdiction, that is: holding an NGO liable for misconduct perpetrated overseas (in host countries) using the law of the country where the NGO is registered or headquartered (home country) to operate internationally. The case law on the matter is still scant but there are a couple of landmark cases that deserve consideration. ...
... At the same time, academic scholarship has been instrumental in exploring the theoretical and practical operationalisation of this relationship and the inquiry into the relationship between human rights and the environment in the BHR context. Turner and Sara Seck paved the way, with further elaboration by diverse authors, including Chiara Macchi [96] and Nadia Bernaz [97]. In Business, Human Rights and Climate Due Diligence: Understanding the Responsibilities of Banks [97], Macchi and Bernaz argue that whilst international standards such as the UNGPs and OECD Guidelines do not establish standards on climate change, this does not mean that such responsibilities are non-existent. ...
... This protein has been used in preparing infant formula and has shown cancer-suppressing properties (Shoji et al., 2001). The amino acid composition of RBP has been a nutritious dietary source for children (Venlet et al., 2021). ...
... 97 Rolland, S. E. (2012). Development at the WTO, above n 37, at 128. 98 See Gupta, A., Karlsson-Vinkhuyzen, S., Kamil, N., Ching, A., & Bernaz, N. (2021). Performing accountability: ...
... Women and children are the most affected, with women suffering the most. Because the tea tribes had always been kept at a safe distance and were prevented from maintaining any kind of relationship with the people from adjacent villages, such exploitation of those workers was unknown to the general public [10]. They manage to live despite having the lowest levels of human development in the state. ...
... Current efforts in the UN Human Rights Council to draft a binding instrument on BHR also depend heavily on the efforts of global civil society networks, particularly the Treaty Alliance network of NGOs (Deva, 2021). This coalition of leading international NGOs, environmental movements, trade unions, and victims' organizations from around the world was pivotal to pressuring the Human Rights Council to start the process of drafting and negotiating a BHR treaty (Bernaz & Pietropaoli, 2017). ...
... Pointing out the limits of the UNGPs' do-no-harm approach, they propose more comprehensive and ambitious conceptions of human rights accountability which would encourage the transformation of the business models of conventional corporations and subject corporate sovereignty to external, democratic control (Gregg 2021). They explore different models of corporate human rights accountability and corresponding governance instruments to be implemented in a future binding treaty and develop an analytical framework for their critical assessment (Bernaz 2021). ...
... Citi elementi, jo īpaši par bioloģisko zemes izmantošanu, joprojām ir saistīti ar dalībvalstu vēlmi faktiski iestrādāt mērķus savas valsts kopējajā lauksaimniecības politikā. Saskaņot jauno kopējo lauksaimniecības politiku un stratēģiju "No lauka līdz galdam" var izrādīties sarežģīti (Schebesta et al., 2021). ...
... Bernaz, N., & Pietropaoli, I. (2020). Developing a business and human rights treaty: lessons from the deep seabed mining regime under the United Nations Convention on the Law of the Sea. ...
... Traders are also inspired to do business in the city due to the absence of taxes on corporate and personal incomes (Zaidan, 2016). Due to this, several numbers of business tourists visit Dubai to find the best deals for their current business and corporations (Rao & Bernaz, 2020). Furthermore, these businessfriendly policies of the city attract new investors from all over the world. ...