Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything

This paper argues that the progressive inclusion of human rights criteria in ESG indicators can have an unprecedented impact. Based on a conceptual study of the ESG legal framework and major normative developments in Europe, this paper presents indicative evidence of a new set of incentives and obl...

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Main Author: Victor Cabezas Alban
Format: Article
Language:English
Published: Universidad de los Andes, Facultad de Derecho 2024-04-01
Series:Latin American Law Review
Subjects:
Online Access:https://revistas.uniandes.edu.co/index.php/lar/article/view/8303
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author Victor Cabezas Alban
author_facet Victor Cabezas Alban
author_sort Victor Cabezas Alban
collection DOAJ
description This paper argues that the progressive inclusion of human rights criteria in ESG indicators can have an unprecedented impact. Based on a conceptual study of the ESG legal framework and major normative developments in Europe, this paper presents indicative evidence of a new set of incentives and obligations for transnational corporations. The novelties that the ESG movement brings could be extremely useful in advancing the agenda of international human rights law which, for years, has suffered the ravages of having no real enforcement mechanisms at the international level. In Europe, for example, human rights due diligence could soon condition permits in the world of mergers and acquisitions, and the list of potential impacts is long. Based on a systematization of regulatory developments and some projections, this research shows the emergence of a new and potentially transformative relationship between human rights and the financial sustainability of private companies.
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publisher Universidad de los Andes, Facultad de Derecho
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spelling doaj-art-17960b185ec6475e863a44abccecd4992025-08-20T01:47:58ZengUniversidad de los Andes, Facultad de DerechoLatin American Law Review2619-48802024-04-011210.29263/lar12.2024.03Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change EverythingVictor Cabezas Alban0Universidad San Francisco de Quito This paper argues that the progressive inclusion of human rights criteria in ESG indicators can have an unprecedented impact. Based on a conceptual study of the ESG legal framework and major normative developments in Europe, this paper presents indicative evidence of a new set of incentives and obligations for transnational corporations. The novelties that the ESG movement brings could be extremely useful in advancing the agenda of international human rights law which, for years, has suffered the ravages of having no real enforcement mechanisms at the international level. In Europe, for example, human rights due diligence could soon condition permits in the world of mergers and acquisitions, and the list of potential impacts is long. Based on a systematization of regulatory developments and some projections, this research shows the emergence of a new and potentially transformative relationship between human rights and the financial sustainability of private companies. https://revistas.uniandes.edu.co/index.php/lar/article/view/8303Human rightsESGinternational lawcompetition lawsustainabilitymultinationals
spellingShingle Victor Cabezas Alban
Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything
Latin American Law Review
Human rights
ESG
international law
competition law
sustainability
multinationals
title Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything
title_full Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything
title_fullStr Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything
title_full_unstemmed Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything
title_short Human Rights: From Poetry to Financial Reports, A Prediction on how the Environmental, Social, and Governance World can Change Everything
title_sort human rights from poetry to financial reports a prediction on how the environmental social and governance world can change everything
topic Human rights
ESG
international law
competition law
sustainability
multinationals
url https://revistas.uniandes.edu.co/index.php/lar/article/view/8303
work_keys_str_mv AT victorcabezasalban humanrightsfrompoetrytofinancialreportsapredictiononhowtheenvironmentalsocialandgovernanceworldcanchangeeverything