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Businesses and other non-state actors obligations in respect to human rights in situations that threaten international peace and security

Grant number: 14/18188-9
Support Opportunities:Scholarships in Brazil - Post-Doctoral
Effective date (Start): December 01, 2014
Effective date (End): December 18, 2017
Field of knowledge:Applied Social Sciences - Law
Acordo de Cooperação: Coordination of Improvement of Higher Education Personnel (CAPES)
Principal Investigator:Luís Virgílio Afonso da Silva
Grantee:Sufyan El Droubi
Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Associated scholarship(s):15/24219-7 - The role of the un in the development of customary international norms in respect to non-state actors: the case of businesses' obligation to prevent their activities benefiting illegal armed groups and gross violators of human rights, BE.EP.PD

Abstract

Since the end of the Cold War, businesses and other non-state actors have been increasingly present in the international context. Not enjoying legal personality in international law, only exceptionally are they recognized as bearers of rights and obligations in that ambit. Nevertheless, the last decades have witnessed multiple efforts to define the scope of their responsibility, notably under international human rights law. For that purpose, the UN efforts have been of fundamental importance. Resolutions of its organs have been attributing general and specific obligations of mandatory (hard law) and more often non-mandatory (soft law) nature to such actors. Moreover, UN subsidiary organs and special procedures have been making efforts so as to determine obligations they bear in respect to human rights. The research subject of this proposal aims at reviewing how the UN practice has been impacting upon the development of customary international human rights law, emphasizing the role played by the Security Council in the process. Within the scope of its powers relating to the maintenance of international peace and security, the Council has been adopting resolutions which create for those actors, obligations relating to human rights law, and establish coercive measures so as to prevent, stop and punish abuses. The reiterated adoption of such resolutions constitutes a practice whose effects are not completely clear. The Research aims at filling a gap in the international scholarship by mapping such practice along with that of the other UN organs, and analyzing their impact upon the development of international customary law. (AU)

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Scientific publications
(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)
DROUBI, SUFYAN. The Role of the United Nations in the Formation of Customary International Law in the Field of Human Rights. INTERNATIONAL COMMUNITY LAW REVIEW, v. 19, n. 1, p. 30-pg., . (14/18188-9)
DROUBI, SUFYAN. The Role of the United Nations in the Formation of Customary International Law in the Field of Human Rights. INTERNATIONAL COMMUNITY LAW REVIEW, v. 19, n. 1, SI, p. 68-97, . (14/18188-9)

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