The UN Guiding Principles on Business and Human Rights and their Implementation in Germany and the Czech Republic

Abstract

In this paper the authors focus on the United Nations Guiding Principles on Business and Human Rights of 2011 which present the most ambitious international attempt to tackle the problem of business and human rights. The authors deal with the genesis and the added value of the UN Guiding Principles and analyze which legal tools may be used by victims against business entities that have violated their human rights. A special view is given on law and legal practice in Germany and in the Czech Republic. Although the UN Guiding Principles, so far, have had only little influence on national rules concerning jurisdiction, procedural and material law in liability cases we find that their pontential shall not be underestimated. We expect that the implementation of the UN Guiding Principles will lead to a reform of national procedural regulations. States will have to consider ways how to introduce new procedural instruments like e.g. representative action and class action and how to address issues concerning evidence in international cases.