TY - CONF
T1 - Symposium on soft and hard law on business and human rights. Soft law in jus in Bello and jus ad Bellum
T2 - AJIL Unbound
AU - Gurmendi Dunkelberg, Alonso
N1 - Publisher Copyright:
© Alonso Gurmendi Dunkelberg 2020. This is an Open Access article, distributed under the terms of the Creative Commons
Copyright:
Copyright 2020 Elsevier B.V., All rights reserved.
PY - 2020/1/1
Y1 - 2020/1/1
N2 - This contribution, rather than focusing on the debates within the Business and Human Rights (BHR) domain itself, offers a comparison between soft law regulation in the BHR context, on the one hand, and in the jus in bello (JIB) and jus ad bellum (JAB) contexts, on the other. Specifically, this contribution looks at the recent experience in JIB and JAB wherein states and other actors have tried to address the indeterminacy of treaty law provisions through soft law proposals that advance a disputed interpretation of hard law, producing legal uncertainty and scholarly debate. I use as examples the 2009 Interpretive Guidance on Direct Participation in Hostilities and the 2012 Bethlehem Principles as a way to extract lessons for the codifying momentum underway in BHR.
AB - This contribution, rather than focusing on the debates within the Business and Human Rights (BHR) domain itself, offers a comparison between soft law regulation in the BHR context, on the one hand, and in the jus in bello (JIB) and jus ad bellum (JAB) contexts, on the other. Specifically, this contribution looks at the recent experience in JIB and JAB wherein states and other actors have tried to address the indeterminacy of treaty law provisions through soft law proposals that advance a disputed interpretation of hard law, producing legal uncertainty and scholarly debate. I use as examples the 2009 Interpretive Guidance on Direct Participation in Hostilities and the 2012 Bethlehem Principles as a way to extract lessons for the codifying momentum underway in BHR.
UR - http://www.scopus.com/inward/record.url?scp=85091431174&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/04fb90f6-655d-3387-aa86-9556faabb151/
U2 - 10.1017/aju.2020.34
DO - 10.1017/aju.2020.34
M3 - Paper
SP - 174
EP - 178
Y2 - 1 January 2020
ER -