Lauterpacht Centre for International Law

Part 3: Contemporary Patterns of Ordering: Business and Human Rights and International Investment Law This lecture will consider what happened to the earlier struggles over the global corporation, once history ‘ended’, and three worlds putatively became one. It will trace the twin emergence of International Investment Law, and Business and Human Rights, in order to ask what account of the international - and what kind of world - is authored and authorised by those ‘regimes’.

Series abstract: The Changing Place of the Corporation in International Law In this series of lectures, I will offer a reconceptualization of the relationship between global corporations and international law which disrupts accepted understandings of corporate power, and of the relationship between corporations, states and law. I will ground the reconceptualization in an historical account of the changing place of the corporation in international law from the early modern period to the present day. The reconceptualization drawn out of this story will have analytical implications for how we understand - and conduct research on - corporations and international law, as well as normative implications for how we might hold global corporations to account. Part 1: From Colonial Companies to Global Corporations

Lecture summary: A recent important development in global governance is the adoption of OECD guidance documents for corporate conduct in several sectors. Since 2011, five documents have been adopted by the OECD ranging from guidance on conflict minerals in 2011 to guidance for institutional investors in 2017. The guidance documents are central in the development of due diligence requirements for companies, especially with respect to human rights (including labour rights), the environment and corruption with respect to companies themselves, and, importantly, their supply chains. They cover a wider field and are much more detailed than the better known United Nations Guiding Principles on Business and Human Rights. The guidance documents have been developed through multi-stakeholder processes with a special twist since the OECD as an international organisation formally adopts them. Also, the implementation demonstrates special features. The conflict minerals guidance is used, and challenged in the courts, as part of the US Dodd-Frank Act and the EU is in the process of adopting a regulation based on the same guidance. The lecture will analyse these aspects of the guidance documents and ask whether they will have a real effect on the ground or if they are just another example of the sad experience in global governance: “So many norms, so little effect!” Numbers are limited so please arrive early to avoid disappointment. Please note the lecture programme is subject to revision without notice.

Stephen J. Schulhofer , the Robert B. McKay Professor of Law at New York University, is one of America’s leading scholars of criminal justice. He has written more than 50 scholarly articles and seven books, including the leading casebook in the field, and widely cited work on many criminal justice and national security topics. His most recent book, Surveillance, Privacy and Transatlantic Relations (Hart, 2017) (with David Cole & Federico Fabbrini) examines the multiple challenges to democracy and privacy as well as to national security and global economic development posed by technological advance and pressures for effective responses to transnational terrorism. His book More Essential Than Ever: The Fourth Amendment in the Twenty-First Century (Oxford University Press, 2012) provides a comprehensive analysis of Fourth Amendment history and current legal doctrine, along with discussion of contemporary problems concerning searches, electronic surveillance, and the intersection between national security needs and the right to privacy. His journal articles address counterterrorism, police interrogation, drug enforcement, indigent defense, plea bargaining, and many other criminal justice matters. Schulhofer’s current projects include analyses of national security secrecy, the right to privacy in electronic communications, and an empirical study of the impact of counterterrorism policing on immigrant communities in New York and London. Previously, Schulhofer taught at the University of Chicago and the University of Pennsylvania. He completed his BA at Princeton University and his JD at Harvard Law School, both summa cum laude . He then clerked for two years for US Supreme Court Justice Hugo Black and practiced law for three years before beginning his academic career.