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Human Rights, Export Credits and Development Cooperation

Accountability for Bilateral Agencies

Barbara Linder

This book analyses to what extent the current human rights system allows affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. The author explores three legal pathways: host state responsibility, home state responsibility and corporate responsibility. The book concludes with recommendations on how to strengthen human rights accountability and improve access to justice for adversely affected individuals. It will be of great interest to those researching the intersection between human rights, development cooperation, and investment.
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Chapter 6: Conclusions

Barbara Linder

Extract

The legal analysis reveals that all actors, the host state, the home state as well as the development and export credit agencies themselves bear responsibilities to ensure human rights compliance in bilateral development and export credit agency-supported undertakings. The principle of due diligence has emerged as the overarching standard of conduct for all actors. It requires them to take serious and reasonable measures to avoid human rights violations if they know (because they allowed or supported) or should have at least known about the existence of a real risk of human rights violations. The enforcement of these responsibilities, however, poses a range of legal and factual challenges which lead de facto to a huge accountability gap and to a very unsatisfying situation for the adversely affected people.

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