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Markus Krajewski

University of Erlangen-Nürnberg

Prof. Dr. Markus Krajewski is University Professor at the University of Erlangen-Nürnberg and holds the Chair in Public Law and Public International Law. Prof. Krajewski is one of the programme directors of the MA in Human Rights and chairperson of the Interdisciplinary Research Centre for Human Rights Erlangen-Nürnberg (CHREN). He also chairs the Board of Trustees of the German Institute for Human Rights and is Secretary-General of the German Branch of the International Law Association.

Prof. Krajewski teaches German constitutional and administrative law, European law, public international law and human rights. His research focusses on international economic law, human rights, European external relations and the law of public services. He wrote four books and authored numerous contributions in scholarly journals and edited volumes including the European Yearbook of International Economic Law (EYIEL). He advises international governmental and non-governmental organisations on European and international economic law and acted as consultant in different development cooperation projects.
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A Nightmare or a Noble Dream? Establishing Investor Obligations Through Treaty-Making and Treaty-Application

This article assesses different approaches currently discussed and developed in international human rights and investment law to establish investor obligations. The article begins with a general framework of analysing and comparing these approaches. Next, attempts to include direct obligations of business entities in international human rights treaties are discussed. Despite earlier indications the recent initiative to create a legally binding instrument on business and human rights will most likely not include direct obligations for business entities. Subsequently, the article assesses the development of investor obligations in new international investment treaties and through the interpretation and application of existing international investment agreements. Arguably, the former will not lead to binding obligations in the foreseeable future and the latter rests on methodologically questionable grounds. Consequently, the article suggests that the way forward will require domestic legislation in host and home states to establish investor obligations which can be taken into account when interpreting existing investment treaty clauses requiring the investor to adhere to domestic law. This would reflect recent trends both in investment law reforms as well as the business and human rights movement.

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State duty to protect and corporate responsibility for human rights in global supply chains

The responsibility of transnational corporations for human rights violations in global supply chains continue to be of public interest: Fires in textile factories in Pakistan, environmental destructions due to oil production or worst forms of child labour in mines which produce minerals for electronic goods are just a few examples. Even if companies are not formally bound to internationally binding human rights according to current legal doctrine, a number of legal and political instruments emerged recently through which companies can be held accountable. The contributions to this volume analyse recent developments in public international law and domestic torts law and provide fresh insights into the fundamental questions of corporate responsibility for human rights violations in global supply chains.

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