981190

Course
Natural resources and human rights: impacts, conflicts, benefits, stakeholders and governance

Faculty
Karin Buhmann, Professor (Business and Human Rights), Copenhagen Business School (CBS)

Stepan Wood, Professor and Canada Research Chair in Law, Society and Sustainability, Peter A Allard School of Law, University of British Columbia, Vancouver, Canada

Joao Paolo Candia Veiga, Professor of Political Science, University of Sao Paolo

Hans Kristian Olsen, University of Greenland/Ilisimatusarfik

Rachael Lorna Johnstone, Professor of Law (Arctic Oil and Gas Studies), University of Greenland

Ellen Margrethe Basse, Professor of Environmental Law, School of Business and Social Sciences, Aarhus University

Liang Xiaohui, Adjunct Professor, Peking University Law School, and Chief Researcher, Office for Social Responsibility, China National Textile and Apparel Council

Sara Seck, Associate Professor, Dalhousie University

Frank Sejersen, Associate Professor (Cultural Anthropology), University of Copenhagen

Dorothée Cambou, Post-doctoral Researcher, Helsinki University

Alberto Fonseca, Assistant Professor (Environmental Impact Assessment), School of Mines, Federal University of Ouro Preto, Brazil

Rajiv Maher, Assistant Professor (Critical Management Studies), Université de Paris Dauphiné and external lecturer (Business and Human Rights and CSR), CBS.

Jacobo Ramirez, Assistant Professor (Latin American Business Development), CBS

Nora Götzmann, Danish Institute for Human Rights (tbc)

Sille Stidsen, Danish Institute for Human Rights

Course Coordinator
Karin Buhmann

Prerequisites
The course targets PhD students with an interest in the societal impact of the exploration, extraction and other forms of use or non-use of renewable or non-renewable natural resources. 

The course is open to PhD students from all disciplines, in recognition of the fact that the intersection between natural resources and societal impacts connects to or has relevance to several scientific disciplines. The course is taught from a social science perspective, but students specializing in natural or other disciplinary perspectives are welcome and will enrich debates and the course in general.

Students should attach to the application a motivated letter (no more than one page). In case of more applicants that spaces, applicants will be selected based on their applications. Students will be informed of their acceptance in the second half of October 2018.

Two weeks before the start of the course, students are required to submit a 5-page paper (approximately 2,500 words) reflecting on the relevance of sustainability and extractives to their research projects. The text must apply and cite at least 10 of the texts listed in the “Course Literature” section below. The deadline for electronic submission of presentations via email to the course coordinator (kbu.msc@cbs.dk)) is 12 noon on 27 November 2018. Students will have the opportunity to present their work based on their paper during the first day of the course and reflect on the insights they have gained through the course and receive feedback on the last day of the course. Active participation in the presentation, reflection on learning and in the provision of feedback to other students is a precondition for passing the course.

It is a precondition for receiving the course diploma that students attend the whole course.

Aim
Natural resources offer significant sources of employment and income for individuals, communities and states. Their use may cause a range of societal impacts, of which many are positive but others are more problematic. Among the latter, human rights impacts constitute particular. Private as well as public organizations involved in the broad variety of natural resource usage, exploitation, preservation and administration need to understand the variety and complexity of human rights in order to identify and manage adverse human rights impacts, and maximize positive impacts as elements in the governance of natural resources.

Some of the typical issues and concerns of human rights pertinence include failures to design and implement processes to allow stakeholders to understand impacts and express their views; decision-making that disregards the views and concerns of affected stakeholders; environmental pollution causing health impacts; changed or expanded use of forests or land, impacting the practices, culture and sustenance of local communities and often involving tenure rights conflicts; labour abuse; and inadequate remedy in terms of access, process and substance. The development of infrastructure for exploitation or transport of natural resources or cultivation of new resources may also offer societal benefits, some of which can be of human rights relevance and contribute towards the full realization of human rights (for example, improved practices for labour protection, vocational training or other capacity building, or empowerment by building strong participation, voice and remedy processes and institutions).

In line with recent years’ fast growing theory, normative guidance and practice on business and human rights, the risks or opportunities of natural resource exploration use or non-use call for processes to explore impacts, both harmful and beneficial, in collaboration with relevant stakeholders. This is significant for organizations to manage adverse impacts by preventing or mitigating and remedying them, to maximize positive impacts, and in both cases to account for their processes and outcomes. This applies whether we look at the governance of non-renewable resources, such hydrocarbons, rare earth minerals or gems; or renewable resources, such as agri-products, marine products, animal husbandry, forests/timber or renewable energy. The goal of the course is to equip students with the theoretical foundations for engaging in these tasks as employees in or service providers to private or public organizations.

Course content
While circumstances and geography differ, the societal challenges set out above do not fundamentally differ whether resources are based in the Global South or the High North (Arctic) or anywhere in between. Commercial interests in exploration and extraction of natural resources in Arctic areas are on the rise, owing to climatic changes making access easier in some respects as well as technological advancements and local demand for industrial development. Focusing particularly on organizational processes and the knowledge needed to identify and manage human rights impacts, the course will address the topic from a global perspective and draw on lecturers, examples and cases from the Global South to the Arctic.

Throughout the course, the emphasis is on organizational processes and human rights impact management as aspects of natural resource governance.

In order to enable students to appreciate the natural science context in which the human rights issues arise, the course will include basic introductions to selected renewable and non-renewable resources by sector experts.

Teaching style
Lectures, practioners’ presentations, student presentations, discussions, excursion.

Lecture plan
Preliminary lecture plan

Day 1 Topic/Action

Instructors
9.00-10.00 Introduction to the course

Students and instructors introduce themselves		 Karin Buhmann
10.00-12.30

Students briefly introduce their research based on their 5-page paper submitted prior to the course. Fellow students and instructors provide brief feedback on the paper and the course references applied (students will be assigned two or three papers for comments)

Karin Buhmann, 

Rachael Johnstone, 

Rajiv Maher
12.30-13.30 Lunch
13.30-14.30 Human Rights as sustainability governance: rights, roles and responsibilities of states and non-state actors

Curriculum:

  • Ruggie, John (2013) Just Business, Norton: xv-xxv and 1-33 (to be uploaded)
  • Wilson, Emma (2015) Energy and minerals in Greenland: Governance, corporate responsibility and social resilience, London: International Institute for Environment and Development
  • Buhmann, K. & Wettstein, F. (2017). Business and Human Rights: Not just another CSR issue?, in: Rasche, A., Morsing, M., & Moon, J. (ed). Corporate Social Responsibility: Strategy, Communication, Governance. Cambridge: Cambridge University Press (to be uploaded). Do not read the case section.
  • UN (2011), Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect, Remedy’ Framework, UN Doc. A/HRC/17/31.

Recommended readings:

  • Wettstein, Florian (2012) CSR and the debate on Business and Human Rights: Bridging the Great Divide, Business Ethics Quarterly 22(4) 739-77
  • Ramasatry, Anita (2015) Corporate Social Responsibility versus Business and Human Rights: Bridging the gap between responsibility and accountability. Journal of Human Rights Vol. 14: 137-59 (also available through SSRN)
  • RAFI and Mazars (2015) UN Guiding Principles Reporting Framework, p. 97-103: Overview of Human Rights and business relevance (available at: https://www.ungpreporting.org/wp-content/uploads/UNGPReportingFramework_withguidance2017.pdf)
14.30-17.30 Resources and human rights from a social science perspective: Introduction with an emphasis on outlining impacts and conflicting interests

Curriculum:

  • Nuttall, Mark (2012) The Isukasia iron ore mine controversy: extractive industries and public consultation in Greenland. In M. Nuttall, K. Tervo-Kankare ad T.P. Karjalained (eds) Negotiating resources, engaging people: human-environment relations in the North. NGP Yearbook, Nordia Geographical Publications 40(5) 23-34 (to be uploaded)
 -        Mingorría, S., Gamboa, G., Martín-López, B., & Corbera, E. (2014). The oil palm boom: socio-economic implications for Q’eqchi’households in the Polochic valley, Guatemala. Environment, development and sustainability, 16(4), 841-871. Available at http://www.proyectonisal.org/dmdocuments/Gamboa_et_al_The_oil_palm_boom.pdf

Rachael Johnstone, 

Rajiv Maher
15.45-16.30 Marine resources: identifying human rights issues through an SDG lens

Danish Institute for Human Rights (2017) The SDGs and Human Rights		 Sille Stidsen (Danish Institute for Human Rights)
16.30-17.00 The power of indigenous knowledge in resource management

Curriculum:

  • Agrawal, Arun (1995). Dismantling the Divide Between Indigenous and Scientific Knowledge. Development and Change 26(3): 413-439
  • Lindroth, Heidi and Sinevaara-Niskanen, Heidi (2014). Adapt or Die? The Biopolitics of Indigeneity—From the Civilising Mission to the Need for Adaptation. Global Society 28(2): 180-194
 Frank Sejersen
17.00-17.30

Labour as a resource and its role in regard to natural resources

Curriculum:

Recommended:

Karin Buhmann, 

Rajiv Maher
17.30-18.00

Recap: Today’s key issues; Q&A; reflections on new insights

 Karin Buhmann
Day 2

Sustainability governance for human rights in a natural resource context
9.00-10.00

Brazil

Curriculum:

  • Fonseca, A.; Sánchez, E.; Ribeiro, J. C. Reforming EIA systems: A critical review of proposals in Brazil. Environmental Impact Assessment Review, 62, 90-97
  • Hochstetler, K.; Tranjan, R. (2016). Environment and Consultation in the Brazilian Democratic Developmental State. In: CENTER, T. G. Comparative Politics July. New York: [s.n.], p. 497-512.
  • Doele, M; Sinclair, A. J. (2006). Time for a new approach to public participation in EA: Promoting cooperation and consensus for sustainability. Environmental Impact Assessment Review, 26:2, 185-205.

 Recommended:

  • Castro, L; Brito, L. A. de; Fonseca, A. (2018) Determinants of participation in public hearings. Paper presented at the 18th International Conference of the International Association for Impact Assessment (IAIA18), Durban, South Africa. (forthcoming as journal article which will be available at the end of 2018)

Joao Paolo Veiga, 

Alberto Fonseca
10.00-10.45

China and China's external mining and minerals activities

Curriculum:

  • Tan-Mullins, May (2015), Successes and Failures of Corporate Social Responsibility Mechanisms in Chinese Extractive Industries, in: Journal of Current Chinese Affairs, 43, 4, 19–39, online: <https://journals.sub.uni-hamburg.de/giga/jcca/article/view/798/799> (31 July 2017)
  • Buhmann, Karin (2017) Chinese Human Rights Guidance on Minerals Sourcing: Building Soft Power, Journal of Current Chinese Affairs 46(2) 135-154
 Liang Xiaohui
11.00-12.15

Transnational Business Governance Interactions and examples of governance modalities

Curriculum:

  • Tan-Mullins, May (2015), Successes and Failures of Corporate Social Responsibility Mechanisms in Chinese Extractive Industries, in: Journal of Current Chinese Affairs, 43, 4, 19–39, online: <https://journals.sub.uni-hamburg.de/giga/jcca/article/view/798/799> (31 July 2017)
  • Buhmann, Karin (2017) Chinese Human Rights Guidance on Minerals Sourcing: Building Soft Power, Journal of Current Chinese Affairs 46(2) 135-154
 Stephan Wood, karin Buhmann
12.15-13.00 Lunch
13.30-17.00

Mineral resources from a natural science perspective.
With field visit to the Danish Museum of Geology
13.00-13.30

Transfer to the Danish Museum of Geology
13.30-17.00

Geology, with a particular focus on Greenland but also a general introduction to global commonalities and specificities (with field visit to the Danish Museum of Geology)

Curriculum:

Rosing, Minik et al (2014) To the Benefit of Greenland, pp 8-34, 35 (on Greenland’s geological potential). University of Copenhagen: The Committee for Greenlandic Mineral Resources to the Benefit of Greenland [to be uploaded]

 Hans Christian Olsen
Day 3

Impact assessment, stakeholder involvement and popular participation
9.00-10.00

The day opens with a brief introduction to five cases on which students will work after the lectures. This will allow students to apply and reflect on the theoretical aspect in context

Case 1: Wind energy in Mexico (Introducing the case: Jacobo Ramirez)
Case 2: The Kvanefjeld mine in Southern Greenland (Rachael Lorna Johnstone)
Case 3: Agri-industry in the Latin America (Rajiv Maher)
Case 4:  Renewable Energy in Sápmi (Dorothee Cambou)
Case 5: EIA and PP in Brazil (Alberto Fonseca)
10.00-10.45

Human Rights of indigenous peoples and the governance of natural resources

Curriculum:

- The UN Declaration on the Rights of Indigenous Peoples

- ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries 

- Mattias Åhrén, ‘The Provisions on Lands, Territories and Natural Resources in the UN Declaration on the Rights of Indigenous Peoples: An Introduction’, in Making the Declaration Work: The United Nations Declaration on the Rights of Indigenous Peoples, Claire Charters, Rodolfo Stavenhagen (Copenhagen: IWGIA, 2009), 200–215.

- Jérémie Gilbert, ‘The Right to Freely Dispose of Natural Resources: Utopia or Forgotten Right?’, Netherlands Quarterly of Human Rights 31, no. 3 (2013): 314–41.

Recommended:

  • Stefaan Smis, Dorothée Cambou, and Genny Ngende, ‘The Question of Land Grab in Africa and the Indigenous Peoples’ Right to Traditional Lands, Territories and Resources’, Loyola of Los Angeles International & Comparative Law Review 35, no. 3 (2013): 493–535.
  • Dorothée Cambou and Stefaan Smis, ‘Permanent Sovereignty over Natural Resources from a Human Rights Perspective: Natural Resources Exploitation and Indigenous Peoples’ Rights in the Arctic’, Michigan State International Law Review 22, no. 1 (2013): 347–76.
  • Errico Stefania, ‘The Controversial Issue of Natural Resources : Balancing States’ Sovereignty with Indigenous Peoples’ Rights’, in Reflections on the UN Declaration on the Rights of Indigenous Peoples, ed. Stephen Allen and Alexandra Xanthaki (Bloomsbury Publishing, 2011).
  • Rasmus Ole Rasmussen and Arild Gjertsen, “Sacrifice Zones for a Sustainable State? Greenlandic Mining Politics in an Era of Transition” in Brigt Dale, et al, eds, The Will to Drill (Springer 2018)
 Dorothee Cambou
11.00-11.45

Popular participation as a human right: state obligations and corporate responsibilities

Curriculum:

  • Jacobsen, Anette Faye (2013) The Right to Popular Participation: A human rights law update, Danish Institute for Human Rights, available at https://www.humanrights.dk/sites/humanrights.dk/files/media/dokumenter/udgivelser/the20right20to20public20participation.pdf
  • Pring, George (Rock) and Susan Y. Noé (2002) The Emerging International Law of Public Participation Affecting Global Mining, Energy, and Resources Development, in Zillman, Donald M., Alastair Lucas and George (Rock) Pring (eds) Human Rights in Natural Resource Development: Public participation in the Sustainable Development of Mining and Energy Resources, Oxford Scholarship Online, DOI:10.1093/acprof:oso/9780199253784.003.0002
  • Gillian Triggs (2002) The Rights of Indigenous Peoples to Participate in Resource Development: An International Legal Perspective, in Zillman, Donald M., Alastair Lucas and George (Rock) Pring (eds) Human Rights in Natural Resource Development: Public participation in the Sustainable Development of Mining and Energy Resources, Oxford Scholarship Online, DOI:10.1093/acprof:oso/9780199253784.003.0004
  • Anne Merrild Hansen, Frank Vanclay, Peter Croala, Anna-Sofie Hurup Skjervedal (2016) Managing the social impacts of the rapidly-expanding extractive industries in Greenland, The Extractive Industries and Society 3: 25–33

 Recommended:

  • Barry Barton (2002) Underlying Concepts and Theoretical Issues in Public Participation in Resources Development, in Zillman, Donald M., Alastair Lucas and George (Rock) Pring (eds) Human Rights in Natural Resource Development: Public participation in the Sustainable Development of Mining and Energy Resources, Oxford Scholarship Online, DOI:10.1093/acprof:oso/9780199253784.003.0003
  • Hubbard, R. (2013) Risk, rights and responsibilities: navigating corporate responsibilities and indigenous rights in Greenlandic extractive industry development. Michigan State International Law Review 22(1) 101-166.
 Karin Buhmann
11.45-12.30

Environmental impact assessment and popular participation: The Aarhus convention and its human rights implications

Curriculum:

  • Palaudeix, Cecile, Ellen Margrethe Basse and Natalia Loukacheva (2017) Openness, transparency and public participation in the governance of uranium mining in Greenland: a legal and political track record, Polar Record, Cambridge University Press 2017. doi:10.1017/S0032247417000596
  • Marina Nenasheva, Sonja Bickford, Pamela Lesser, Timo Koivurova, Paula Kankaanpaa (2015) Legal tools of public participation in the Environmental Impact Assessment process and their application in the countries of the Barents Euro-Arctic Region. Barents Studies, 1(3) 13-35
 Ellen Margrethe Basse
12.30-13.30

Lunch
13.30-14.15

Free, prior and informed consent

Curriculum:

  • Ward, Tara (2011) The Right to Free, Prior, and Informed Consent: Indigenous Peoples' Participation Rights within International Law. Northwestern University Journal of International Human Rights Vol. 10: 54-84
  • Owen, John R and Deanna Kemp (2014) ‘Free prior and informed consent’, social complexity and the mining industry: Establishing a knowledge base. Resources Policy 91-100 (available through https://ac.els-cdn.com/S0301420714000300/1-s2.0-S0301420714000300-main.pdf?_tid=023b16f7-83e9-477e-ba17-9c24633fc216&acdnat=1522923192_d6c93a569ee71eb0187c39910472d3c5 (open source))
  • Johnstone, Rachael (2017) Indigenous Rights in the Marine Arctic. In Basse, EM and Cecile Palaudeix (eds) Governance of Arctic Offshore Oil and Gas, Routledge (to be uploaded)
  • Barelli, M. (2016). Development projects and indigenous peoples' land: Defining the scope of free, prior and informed consent. In Lennox, C. and Short, D. (Eds.), Handbook of Indigenous Peoples' Rights (pp. 69–82). Routledge. ISBN 978-1-136-31385-1.
  • Declaration on the Rights of Indigenous Peoples, UNGA Res 61/295, September 13, 2007 (UNDRIP).
  • Indigenous and Tribal Peoples Convention 1989, International Labor Organisation Convention 169, International Legal Materials 28 (1989): 1382 (ILO C169).
  • Poma Poma v Peru, 2009, Human Rights Committee, Communication No. 1457/2006, UN Doc. CCPR/C/95/D/1457/2006.
  • Committee on the Elimination of Racial Discrimination, General Recommendation XXIII on the rights of indigenous peoples (1997)

  Recommended:

 Rachael Johnstone
14.15-15.00

Contrasting a procedural rights approach and an Indigenous rights approach to participation

Curriculum:

  • Sara L. Seck (2016), Indigenous Rights, Environmental Rights, or Stakeholder Engagement? Comparing IFC and OECD Approaches to the Implementation of the Business Responsibility to Respect Human Rights 12:1 McGill Journal of Sustainable Development Law 48-91 
 Sara Seck
15.00-17.15

Students work on the cases (in groups – each on one of the cases; with faculty as supervisors) and present their findings in plenary

Rachael Lorna Johnstone, 

Karin Buhmann,  

Jacobo Ramirez,  

Rajiv Maher, 

Dorothee Cambou,  

Alberto Fonseca
17.15-17.45

Recap: Today’s and yesterday’s key issues; Q&A; reflections on new insights

Karin Buhmann (and other faculty members)
Day 4

Human rights and natural resources: governance instruments and processes

9.00-11.30

Business and human rights governance instruments

Curriculum:

  • UN (2008), Protect, Respect and Remedy: A Framework for Business and Human Rights, Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, UN Doc. A/HRC/8/5 (2008).
  • UN (2011), Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect, Remedy’ Framework, UN Doc. A/HRC/17/31.
  • Buhmann, Karin (2015): Business and Human Rights: Understanding the UN Guiding Principles from the perspective of Transnational Business Governance Interactions. Transnational Legal Theory Vol. 6 No 1 (2015) OECD Guidelines for Multinational Enterprises, Transnational Legal Theory 6(1) 399-434, DOI 10.1080/20414005.2015.1073516
  • Karin Buhmann (forthcoming) International law and Corporate Social Responsibility: significance for social impact of Arctic natural resource exploitation, for Yearbook of Polar Law, Brill Publishing

Recommended:

  • Office of the High Commissioner for Human Rights (2012) The Corporate Responsibility to Respect Human Rights: An Interpretive Guide, United Nations: Geneva and New York
  • Buhmann, K. & Wettstein, F. (2017). Business and Human Rights: Not just another CSR issue?, in: Rasche, A., Morsing, M., & Moon, J. (ed). Corporate Social Responsibility: Strategy, Communication, Governance. Cambridge: Cambridge University Press (to be uploaded). Do not read the case section.

Rajiv Maher, 

Karin Buhmann
11.30-12.30

Identifying, preventing and managing advese human rights impacts: Risk-based due diligence and meaninful stakeholder consultation (to be continued after lunch)

Curriculum:

  • McCorquedale, Robert, Lise Smith, Stuart Neely and Robin Brooks, ‘Human Rights due diligence in law and practice: Good practices and challenges for business enterprises’, (2017) Business and Human Rights Journal, doi:10.1017/bhj.2017.2
  • Tan-Mullins, May (2015), Successes and Failures of Corporate Social Responsibility Mechanisms in Chinese Extractive Industries, in: Journal of Current Chinese Affairs, 43, 4, 19–39, online: <https://journals.sub.uni-hamburg.de/giga/jcca/article/view/798/799> (31 July 2017)
  • Hansen, A.M., F. Vanclay, P. Croal, A.-S. H. Skjervedal (2016) Managing the social impacts of the rapidly-expanding extractive industries in Greenland, The Extractive Industries and Society 3(1) 25-33
  • Buhmann, Karin (2017) Chinese Human Rights Guidance on Minerals Sourcing: Building Soft Power, Journal of Current Chinese Affairs 46(2) 135-154
  • Haglund, D. (2008) Regulating FDI in weak African states: a case study of Chinese copper mining in Zambia, Journal of Modern African Studies 46(4) 547-575
  • UN Framework paras. 56-64
  • UNGP Nos. 11-22
Recommended:
  • Bjørst, Lill Rastad (2016) Saving or destroying the local community? Conflicting spatial storylines in the Greenlandic debate on uranium. The Extractive Industries and Society 3(1) 34-40
  • Hoffmann, Hannes, Martin C. Schleper, Constantin Blome (2018) Conflict Minerals and Supply Chain Due Diligence: An exploratory study of multi-tier supply chains, Journal of Business Ethics 147: 115-141
  • RAFI and Mazars (2015) UN Guiding Principles Reporting Framework, p. 104-106: Overview of HR and business relevance (available at: https://www.ungpreporting.org/wp-content/uploads/UNGPReportingFramework_withguidance2017.pdf)
  • OECD’s Guidelines for Multinational Enterprises, (available at: http://www.oecd.org/daf/inv/mne/48004323.pdf ), Chapter II (General Principles) principles 10-14 and Commentary 14-25; Chapter IV (Human Rights) principles 1-2 and Commentary 36-46 [pages 20-21 top, 23-25, 31-34 in link above]
  • OECD (2017) Due Diligence guidance for meaningful stakeholder engagement in the extractive sector, Paris: OECD
  • OECD (2013), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, Paris: OECD Publishing
  • CCCMC (2015) Chinese Due Diligence Guidelines for Responsible Mineral Supply Chains, Beijing: The China Chamber of Commerce of Metals, Minerals & Chemicals, online: <https://mneguidelines.oecd.org/chinese-due-diligence-guidelines-for-responsible-mineral-supply-chains.htm>
  • CCCMC (2014), Guidelines for Social Responsibility in Outbound Mining Investment, Beijing: The China Chamber of Commerce of Metals, Minerals & Chemicals, online: <www.globalwitness.org/sites/default/files/library/CCCMC%20Guidelines%20for%20Social%20Resposibility%20in%20Outbound%20Mining%20Investments%20Oct%202014%20CH-EN_1.pdf>
  • Têtu, Pierre-Louis and Frederic Lasserre (2017) Chinese investment in Greenland’s mining industry: Towards a new framework for foreign direct investment, The Extractive Industries and Society 4: 661-671

Karin Buhmann, Liang Xiaohui, Rajiv Maher
13.00-14.00

Lunch

14.00-15.00

Identifying, preventing and managing adverse human rights impacts: Risk-based due diligence and meaningful stakeholder consultation

Curriculum: as above

Karin Buhmann, Liang Xiaohui, Rajiv Maher
15.00-16.00

Social and human rights impact assessment and Impact Benefit Agreements

Curriculum:

 Recommended:

  • Merrild, Anne (2014) Community Impacts: Public Participation, Culture and Democracy. Background paper for Rosing, Minik et al (2014) To the Benefit of Greenland, pp 8-34, 35 (on Greenland’s geological potential). University of Copenhagen: The Committee for Greenlandic Mineral Resources to the Benefit of Greenland (available at http://vbn.aau.dk/files/186256309/Community_Impacts.pdf)

Rachael Johnstone, Karin Buhmann
16.15-17.00

Remedy and accountability

Curriculum:

  • Buhmann, Karin (2015), Business and Human Rights: Understanding the UN Guiding Principles from the Perspective of Transnational Business Governance Interactions, in: Transnational Legal Theory, 6, 1, 399–434.
  • Human Rights Clinic (Columbia Law School) and International Human Rights Clinic (Harvard Law School) (2015) Righting Wrongs? Barrick Gold’s Remedy Mechanism for Sexual Violence in Papua New Guinea: Key Concerns and Lessons Learned, New York City and Boston, November 2015, available at http://hrp.law.harvard.edu/wp-content/uploads/2015/11/FINALBARRICK.pdf ) (read p 1-12 or more).
  • Aftab, Y. (2016) Pillar III on the Ground: an independent assessment of the Porgera Remedy Framework, Enodo Rights, available at http://www.barrick.com/files/porgera/Enodo-Rights-Porgera-Remedy-Framework-Independent-Assessment.pdf (read Executive Summary and Chapter 2: Introduction (pp. 1-20))

Karin Buhmann, Rajiv Maher
17.00-17.30

Recap: Today’s key issues; Q&A; reflections on new insights

Karin Buhmann, Rachael Johnstone, Rajiv Maher
Day 5

Topics/Actions

Instructors
9.00-10.00

Presentation by staff member from Danish Institute for Human Rights – Business and Human Rights project - with a natural resources focus.

Dr. Nora Götzmann, Danish Institute for Human Rights (tbc)
10.00-16.00

Application, reflection and discussion: Students reflect on present insights of course for their PhD projects (faculty acting as facilitators, discussants etc. Faculty will be acting as facilitators, discussants etc

Key faculty: Karin Buhmann, Rajiv Maher, Rachael Johnstone; others based on availability
10.00-12.30

Students discuss and reflect on their research to draw out new perspectives that emerge from the theoretical and normative frameworks and contextual situations covered in the course. Point of departure is taken in the papers that each student submitted prior to the course. 

Groups of 3-5 students with one or more faculty members

12.30-13.30

Lunch
13.30-16.00

Students present reflections on their course insights for their research in plenary, discussion and general feedback from other students and faculty

 Key faculty: Karin Buhmann, Rajiv Maher, Rachael Johnstone; others based on availability
16.00-17.00

Wrap-up and evaluation
18.00-

Farewell dinner

Learning objectives
At the end of the course, students will be able to

- master basic theoretical frameworks for understanding and identifying human rights issues that arise in regard to renewable and non-renewable natural resources with a particular focus on adverse impacts, conflicts, benefits, stakeholders and governance

- understand and explain the interrelationship between theories on human rights impacts and their management in regard to the governance of natural resources, and normative frameworks of a public, private or hybrid nature, whether binding or guiding

- analyze and explain the human rights impacts of activities undertaken in regard to the exploration, use or non-use and administration of natural resources, and critically reflect upon both beneficial and adverse impacts and the challenges or opportunities they represent to societies or communities in the Global South or High North

- identify and explain processes for meaningful stakeholder engagement as an element in the governance of natural resources and the exercise of risk-based due diligence, and critically reflect on what types of stakeholders may be affected in particular contexts in the Global South and the High North, what types of impacts may be particularly significant (whether adverse or beneficial), and how these may be considered in impact assessment processes and impact benefit agreements as natural resource governance instruments

- draw out, critically reflect upon, and apply theoretical implications to advance the respect and protection of human rights in the governance of natural resources.

Exam
N/A

Other
Thanks to a grant from the Danish government for the network project under which the course is co-organised (UArctic Thematic Network on Arctic Sustainable Resources and Social Responsibility (TN ASRSR)), limited support is available for travel and/or accommodation and/or living expenses for participants who can document the need. Participants are expected to rely on own funds, if available, or to apply for mobility funds from their institutions or through other available sources, e.g. North2North for students from universities that are members of UArctic. Those who do not have access to such funds to fully cover their expenses may apply. Funds will be dispersed to the extent available, by decision of the Steering Committee of TN ASRSR based on assessment of applications and needs.

To apply, include a ½-1 page with your application for the course. This should be integrated in the application file as a second page, entitled MOBILITY SUPPORT APPLICATION. The mobility application does not count in your one-page application for the course. The mobility application should include:
- a budget for your travel, accommodation, and living expenses, indicating the funds that you have from other sources and the amount applied for

- an explanation of why the funding is needed

- whether mobility support will be a condition for the applicant’s ability to participate.

Please note that as of mid-September 2018, funds for mobility support are quite limited and students applying for mobility support are encouraged to not rely only on these funds for their attendance.

Start date
10/12/2018

End date
14/12/2018

Level
PhD

ECTS
5

Language
English

Course Literature
Course texts (curriculum and recommended texts) will be made available electronically through references to online resources and uploaded files. Printed texts will not be offered.

Fee
DKK 6,500 (covers the course, coffee/tea, lunch and one dinner)

Minimum number of participants
18

Maximum number of participants
25

Location
Copenhagen Business School
Dalgas Have 15
2000 Frederiksberg
Room: DSØ052 (ground floor)

Contact information
For information on formalities etc: Katja Høeg Tingleff, kht.research@cbs.dk

For information on course contents: Professor Karin Buhmann, kbu.msc@cbs.dk

Registration deadline
15/10/2018

Students should attach to the application a motivated letter (no more than one page). In case of more applicants that spaces, applicants will be selected based on their applications. In this case the applications will be prioritized in the following order: Students from Doctoral School of Organisation and Management Studies (OMS), students from other CBS PhD schools, students from other institutions than CBS. Students will be informed of their acceptance in the second half of October 2018.

Please note that enrolment is binding if you are accepted for the course.
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