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"Conclusions" [2019] ELECD 2931; in Linder, Barbara (ed), "Human Rights, Export Credits and Development Cooperation" (Edward Elgar Publishing, 2019) 276

Book Title: Human Rights, Export Credits and Development Cooperation

Editor(s): Linder, Barbara

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: Conclusions

Number of pages: 8

Abstract/Description:

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.