This course aims to provide an advanced understanding of how law and regulation relate to current debates about corporate responsibility and business respect for human rights standards. What would constitute an ideal regulatory and remedial framework on the human rights impacts of business activity? What commercial, political or social forces and factors shape these issues in practice?

Delivered online, this course analyses the source, nature, content and practical significance of legal, regulatory, self-regulatory and other frameworks governing the ways in which business actors and activities might affect human rights. Framed by an understanding of the position in public international law, the course turns mainly on the significance of the 2011 UN Guiding Principles on Business and Human Rights, while addressing the range of regulatory options.

From law suits for alleged corporate complicity in apartheid and other grave crimes, to examples of voluntary business leadership on addressing human trafficking, this course combines a commitment to objectivity and conceptual clarity with an emphasis on robust and informed student exchange. Approaching from a legal and regulatory perspective, the course addresses complex, controversial issues such as allegations of rights abuse in global food or manufacturing supply-chains; how global telecoms companies manage customer service in repressive states; and extractive industry stakeholder relations in conflict-affected regions. Through practical case studies students will be exploring the nexus of two of the most profound social and regulatory phenomena of our time: economic globalisation, and the international human rights narrative.

The course is of relevance to policymakers, regulators, corporate and financial executives, those in civil society, the media, and the legal profession. Any contemporary study of international relations or international law is incomplete without going beyond states to consider the influence of transnational business and investment actors. Likewise, the private sector operates in a public world so that business scholars must factor in the increasing salience of corporate responsibility and accountability issues. Meanwhile, governmental actors are not the only source of human rights promotion: what positive role exists for the private sector?
 
The course emphasises transnational commercial networks and regulatory responses, but makes some reference to Australian scenarios. Through moderated discussions and with occasional guest expert input, students navigate some key issues. How can business activity affect the enjoyment of human rights? How effective are existing regulatory responses, and what undermines these? What is the role for business self-regulation, and what is the state’s duty to control the social impacts of a business operating abroad? What avenues of remedy exist or could or should exist? Should we pursue a binding treaty in this field, how likely is this, and what would it include? What particular responsibilities accompany investment decisions in repressive or conflict-affected states?
 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Explain, distinguish and apply, to an advanced standard, the terms, theories and concepts, global frameworks and major recent debates in the field of business and human rights;
2. Explore, analyse and synthesise complex theoretical positions and propositions at an abstract level using cognitive, technical and creative skills, and apply these to practical, ‘real-world’ scenarios, in contexts relating to business and human rights;
3. Identify and apply relevant research, problem-solving and argumentation skills appropriate to addressing controversies and complexities arising in the field of business and human rights, including through participation in moderated group discussion forums and completion of succinct and accurate written work.
4. Communicate theoretical and practical knowledge about how course concepts relate to their other professional or academic work, and show an advanced ability to reflect critically on this process;
5. Demonstrate an advanced ability to independently plan and produce a substantial research project in the field of business and human rights, analysing and critiquing issues covered in the course.

Research-Led Teaching

This course relates directly to my core areas of research in the related fields of 'business and human rights' and 'business and peace'. It is a research-led course in the sense that these fields (and corporate responsibility generally) cover a very large landscape, so while we engage with broad themes, the course is inevitably highly selective in terms of topics. My research shapes the selection of those topics. The course is pitched at a certain level of abstraction: we are interested in debates and themes in this field, not the detail of doctrinal legal questions.

Additional Course Costs

None. Students will need normal internet access resources for this online course.

Required Resources

The required reading for this course overall is the UN Guiding Principles on Business and Human Rights (2011):

https://www.ohchr.org/documents/publications/GuidingprinciplesBusinesshr_eN.pdf

A copy of this PDF is on the course Wattle page in the Orientation section, and Week 1.

There are no other required general readings, but each week has 1-2 required readings per week's topic, listed in the Wattle page for each week.

Recommended Resources

One basic introductory work / primer is: Baumann-Pauly, D., and Nolan, J., (eds.) 'Business and Human Rights: from Principles to Practice' (Routledge, 2016), but you are certainly not expected to secure a copy, and the field has moved forward somewhat even since 2016

Staff Feedback

Students will be given feedback in the following forms in this course:

• Feedback through interaction with students in the weekly discussion forums and optional online forums
• Group feedback through the Convenor's Forum
• Some individual feedback around essay topic selection and framing
• Individual feedback on submitted assessments

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	I: Context (Problem): the global ‘governance gap’I: Context (Themes): issues, actors, institutions, termsI: Context (History): regulation of business human rights impact
2	II: Principles: The 2011 UN Guiding Principles (UNGPs)
3	III: UNGP Pillar 1: State duties
4	IV: UNGP Pillar 2: Corporate responsibilities
5	V: UNGP Pillar 3: Remedy: (a) Transnational LitigationVI: UNGP Pillar 3: Remedy (b) The Treaty Debate
6	VII: Select Issue & Sector A:Issue: Supply Chains & Labour (Sector: Garments)(Study of the Modern Slavery Act 2018)
7	VIII: Select Issue & Sector B:Issue: Conflict & Communities (Sector: Extractive Industries)
8	IX: Select Issue and Sector C:Issue: Responsible Artificial Intelligence (Sector: Big Tech)
9	X: The Future of the BHR project in context(a) Reflections on regulatory pluralism / multi-level governance(b) Linking BHR to other issues (climate justice, tax avoidance)
10	Conclusion: the search for consensus and coherence in BHR

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Weekly Discussion Forum Posts	25 %	06/11/2023	*	1-5
Individual Critique	25 %	06/11/2023	27/11/2023	1-5
Research Project	50 %	14/11/2023	27/11/2023	1-5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

This is an entirely (100%) online course. Assessment Task 1 (discussion forum) is intended to ensure consistent engagement with and contribution to the course, while ensuring flexibility by not requiring students to be present at fixed times for synchronous ('live') class events. This is not overly demanding: it involves 1-2 given readings + a podcast or video lecture + introductory notes per week, in relation to which students put up a discussion forum post of just 200-250 words (min/max) showing one has engaged with and reflected on the issues raised in the materials for each week.

There is no assessment item related to participation as such, but one must post regularly (in effect, weekly) into typed online discussion forums as part of one of the assessments (Task 1), and in order to be eligible for overall assessment in this course. Failure to post in the weekly discussion forums during the week to which the post / topic relates will result in a mark of 0 out of 25 for assessment Task 1. For Task 1, the students at the end of the course select their best 4 posts and submit these to Turnitin in a single document, on a template to be provided.

In terms of interactive participation, in addition to various contact and feedback facilities explained on the Wattle page, the course features two main communication platforms:

 

(a) Online required discussion forum (written inputs): These are week-specific discussion forum threads for written online ‘posted’ discussion in relation to each week’s topic. The Convenor will normally initiate each week's discussion thread/s. See Assessment Task 1.

 

(b) Online group-specific discussion forum (Task 2): This is the specific Wattle discussion forum for group members to contact one another in relation to completion of the group task (Task 2). Any discussion in the forum is not itself monitored or assessed.

(c) Online weekly seminar: There is a weekly seminar of 60 minutes. Participation is not assessed in any way.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Online Weekly Discussion Forum Posts

Nature of Task: Regular discussion posts of max. 250 words of analysis, insight, comment or query, typed into a written non-synchronous (not 'live') Wattle forum over the 10 weeks of the course.The discussion forum operates from Week 1 of the course but posting into the forum is only required from week 2. Students must contribute a written discussion forum post every week beginning from Week 2. Students must post in a forum during the week to which that forum relates (i.e. one may not do all one's posts at the end of the course, for example). Students must contribute a discussion forum post for at least 8 of the 10 weeks of the course (80%) in order to complete the course. Students are encouraged to begin posting from Week 1, and their final 4 submitted posts can include posts from any of the 10 weeks of the course. Ahead of the Task 1 submission date (6 November 2023), students then select their best 4 posts from across their weekly contributions and copy these into a template Word document (to be provided) for submission.

Weighting: 25%

Word Limit: Max 250 word posts each week.The total word limit of the 'compilation of posts' submitted by Monday 6 November is 1,500 words.

Due Date: 5pm, Monday 6 November 2023. The due date for the posts themselves is midnight of the Monday of each week (that is, one may not post retrospectively into previous weeks). Due to the nature of the task late submission will not be accepted.

Estimated Return Date: N/A. The convenor will offer feedback on posts as part of his regular engagement, week to week, in the discussion forum.

Assessment Criteria:

This course adapts the generic ANU College of Law LLM-level criteria for online contributions, conscious that discussion posts have space and style constraints:

a)    Preparation and understanding of the material: written discussion posts should show evidence of pre-reading and/or listening to pre-assigned materials in advance of posting to the discussion forums; assessor will seek evidence in written posts of an ability to draw links and chains between parts of the course, and overall course themes from week 1. 

b)   Thinking critically about the material: posts show an attempt to examine topic from different angles and anticipate contrary positions; posts acknowledge and/or question assumptions; use of language in posts revealing critical engagement with the course material, the topic, and other discussion post contributions.

c)   Expressing ideas clearly: accounting for space and style limitations in discussion threads, the posts should express the writer’s views and insights clearly. 

d)   Engaging with other students in the discussion thread: showing responsiveness to other discussion threads where these relate to one’s own points or views;

being respectful of a range of views and opinions.

e)   Keeping to word limit.

f)   If relevant/possible, linking material with your own background and knowledge.

Assessment Task 2

Individual Critique

Details of Task: This is an individual submission based upon and engaging with a group-based exercise. During the middle portion of the 10-week course, students are placed in virtual / online groups to discuss, mainly via a special group online typed (not 'live') discussion forum, how to approach a current debate or reform issue in this field. This group discussion and participation is not assessed as such. The convenor will collate the groups' various inputs into a single submission. The assessed task is then for each student to engage with that submission through a written individual critical reflection. More detailed instruction is available on the course Wattle page.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 25%

Release: The Convenor will announce the group work on Wattle on or after Week 3 of the course, and announce then the date at which the precise nature of the corresponding individual task will be released.

Due date: 5pm, Monday 6 November 2023 via Turnitin (See below for online submission details). Late submissions (without an extension) are permitted, although late penalties apply.

Word limit: 1,500 words

Estimated return date: Monday 27 November 2023.

Assessment Criteria: A rubric of how performance of the task will be assessed, will be available under the 'Assessment and Submissions' topic section on Wattle.

Assessment Task 3

Research Project

Details of Task: Original independent critical research project (essay or other format as agreed), on a topic or question within the scope of the course. The student must agree their topic and format with the Convenor. The project must be research-based, but may comprise an academic research essay or another suitable (agreed with Convenor) format, for example a real or fictional law reform submission, or a piece of work relating to the student's own professional work or experience.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50%

Word limit: 3,000 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Release: Student choice (within the scope of the course). Students should ideally seek lecturer’s approval by 29 October 2023. A list of topics will be made available for choice for those students who prefer a given question.

Due date: 5pm, Tuesday 14 November 2023. Late submissions (without an extension) are permitted, but late penalties will apply

Estimated return date: Monday 27 November 2023.

Assessment Criteria:

This course adopts the generic ANU College of Law LLM-level criteria where an essay is attempted. If another format is attempted, the criteria will be agreed with Convenor but be substantially similar to these below: 

a)   Understanding of the Issues

• addresses the question and covers the salient, relevant and important points;
• evidence of close consideration of the question and the research materials drawn on;
• issues raised by the topic are clearly and concisely identified;
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively;

b)   Communication and Development of Argument

• shows a clear theme or argument;
• argument(s) logical and well-organised;
• ideas/paragraphs linked coherently; 

c)   Argument/Analysis

• originality of ideas and critical analysis of the material;
• complexity and insight in dealing with theory/ideas;
• suggestions for change where appropriate;
• interdisciplinary perspective where appropriate;
• addressing opposing arguments;
• well-reasoned conclusions;

d)   Research

• research covering primary and secondary materials;
• good organisation of sources and ability to synthesise all the research materials used;
• use of theoretical material where appropriate;
• range of research sources;
• integration of material from research resources into the essay. 

e)   Presentation, style and referencing

• good use of structure, section headings and paragraphs;
• clarity and conciseness of expression, interesting and engaging of reader;
• use of appropriate terminology and correct grammar, syntax and spelling;
• full and accurate footnotes together with a bibliography;
• style according to Australian Guide to Legal Citation where appropriate;
• adherence to word limit.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for test or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students