The International Bar Association Legal Policy and Research Unit (LPRU) published the first two chapters of their new Handbook for Lawyers on Business and Human Rights on the 17th of July 2017. The handbook sets about highlighting the human right risks that may arise in business transactions and the roles and responsibilities of legal practitioners in assisting their clients manage those risks.
The first chapter focuses on mergers and acquisitions (M&A) and corporate restructuring. It contains a series of exercises and resources designed to help legal practitioners identify and address human rights risks in relation to the acquisition of a shareholding, the acquisition of assets, the establishing of a joint venture with another company and the divesting or restructuring certain shareholdings or assets. The second chapter discusses how commercial transactions lawyers can work in a way that is consistent with the UN Guiding Principles on Business and Human Rights (“UNGPs”).
The online resource will use background context, case scenarios, discussion exercises, sample checklists and further reading and resources. By drawing on the knowledge of a number of leaders in the legal and business communities the handbook hopes to aid lawyers in understanding the importance of human rights due diligence in the corporate context. A greater understanding of how human rights issues impact different areas of legal practice enhances the provision of legal services because, as Daniel D'Ambrosio, International Business and Human Rights lawyer at DLA Piper explains, “the promotion of business and respect for human rights are mutually reinforcing”. An increased awareness on the important and complex relationship between business and human rights and the key role business lawyers have to play make the chapter by chapter approach of this handbook a welcome addition to the existing educational resources in the area. A responsibility falls on both law firms and in-house lawyers alike in managing the company’s reputational risks related to human rights, proving advice on compliance with global standards, such as the UNGPs and helping companies develop ethical global supply chains.
Further information about the project and handbook can be accessed on the IBA website here.