Human rights and business lawyers: The 2011 watershed

Magna Carta's 800th anniversary saw much celebration and commentary about human rights in articles and conferences. Commercial lawyers should read that material carefully because, post 2011, international human rights standards apply to companies' decisions and actions. Even where a business has fully complied with all domestic law, if that law is inconsistent with international human rights standards, there are increasing legal implications for the business. In Australia, this includes a mediation process overseen by a Commonwealth Government official, through the OECD Guidelines for Multinational Enterprises. The law is developing, and relatively unknown, but any lawyer advising a business client needs familiarity with these areas. This article summarises the current human rights standards and procedures relevant to commercial lawyers in Australia, both in advising their clients and also in conducting their own practice.