Publication
Title
The UN "Guiding Principles on Business and Human Rights": methodological challenges to assessing the third pillar: access to effective remedy
Author
Abstract
This article presents methodological challenges for legal analysis when dealing with the third pillar of the United Nations Guiding Principles on Business and Human Rights (UNGP), particularly principles 26, 27 and 31, regarding the state-based non-judicial and judicial mechanisms that provide effective access to an effective remedy. The article reflects on the challenges encountered during a research project whose goal it was to map and evaluate the state-based mechanisms available in Belgium for business-related human rights abuses perpetrated in Belgium or by Belgian businesses in third countries. It is argued that the identification and mapping of the existing state-based mechanisms available to victims of business-related human rights abuses should rely on binding legal sources and therefore, on a precise ex ante legal analysis, whereas the assessment and evaluation of their impact, scope or effectiveness require an ex post empirical analysis.
Language
English
Source (journal)
Nordic journal of human rights. - Abingdon, 2014, currens
Nordic journal of human rights. - Abingdon, 2014, currens
Publication
Abingdon : 2018
ISSN
1891-8131
Volume/pages
36 :4 (2018) , p. 353-370
ISI
000454447600003
Full text (Publisher's DOI)
Full text (open access)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Web of Science
Record
Identification
Creation 08.01.2019
Last edited 23.09.2021
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