BUSINESS AND HUMAN RIGHTS AND PRIVATE INTERNATIONAL LAW IN LATIN AMERICA

Private International Law (PIL) has occupied in the first decade of the UN Guiding Principles on Business and Rights (UNGPs) an incidental role in the Business and Human Rights (BHR) agenda. Therefore, discussions around problems typically resolved by PIL have been absent from debates in regional forums on BHR and have been largely relegated in favor of the study of domestic law regulations. The objective of this study is to show how the UNGPs are related to PIL in Latin America, especially in relation to the issues of distribution of international jurisdiction, determination of the law applicable to multinational cases, international jurisdictional cooperation, extraterritorial effectiveness of foreign decisions and arbitration in international trade. It seeks to offer concrete recommendations to unite the agendas in the next decade that can strengthen the capacities of the BHR ecosystem in the protection of human rights in the context of the activity of companies in the region.