What are the key considerations and potential legal implications for Endeavour PLC, a Dutch oil and gas company

Question 1)

The UN Guiding Principles on Business and Human Rights (UNGPs) have become the cornerstone in the field of business and human rights, with wide support among all stakeholders. However, no regulatory initiative is perfect and the UNGPs are no exception. Identify two core strengths and two core weaknesses of the UNGPs and discuss their implications for tackling corporate related human rights abuses. In developing your arguments, you should draw on the implementation of the UNGPs to date by looking at Annual Reports and Country Visits Reports of the UN Working Group on Business and Human Rights to assess the effectiveness of the UNGPs.

Question 2)

Access to remedy is a foundational principle in the field of business and human rights. Although access to remedy is implicit in Pillar 1 of the UN Guiding Principles on Business and Human Rights and explicit in Pillar II and III, individuals and communities affected by business operations continue to struggle to obtain effective remedies and hold corporations accountable for their wrongdoing. Discuss the current framework on access to remedy in business and human rights-related cases by assessing the effectiveness of three remedy mechanisms (judicial and/or non-judicial) of your choice, using relevant cases and examples to support your arguments.

Question 3)

Endeavour PLC, a Dutch oil and gas company, is exploring gas projects in Peru, near the Rio Marañón where the Awajún indigenous population lives. The Awaj n are dependent upon the rainforest's land and waterways for their existence. Once they determine the best project Endeavour will operate in Peru through its subsidiary Peru O&G, PLC (registered in Peru). Endeavour has received information that several members of the Awajún have started protesting Peru O&G's operations. According to the protesters, Peru O&G has a history of damaging the environment and disrespecting human rights. As such, they fear that new gas projects will destroy their ecosystem. Concerned about their investment, and the potential risks

to its reputation, Endeavour has contacted you as an expert in Business and Human Rights to ask for advice on the following points:

1. What are the responsibilities of businesses under the UN Guiding Principles on Business and Human Rights?

2. What are the potential human rights risks that Endeavour needs to address as part of its due diligence requirement?

3. In case of allegation of human rights violation, what is the likelihood that a suit can be successfully brought against the company in the US (under the Alien Tort Statute) or the Netherlands, using relevant case law to make your assessment.

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