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The Mutual Fund Industry and the Protection of Human Rights

Van Ho, TL and Alshaleel, MK (2018) 'The Mutual Fund Industry and the Protection of Human Rights.' Human Rights Law Review, 18 (1). 1 - 29. ISSN 1461-7781

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Abstract

This article considers the appropriate application of the United Nations Guiding Principles on Business and Human Rights (UNGP) to the mutual funds industry. Mutual funds can impact human rights by financially supporting oppressive states or abusive companies. Given the indirect nature of such impacts, along with the exclusively external management of the funds, this article argues that a unique approach to implementing the UNGP is necessary for this industry. Divided into five parts, the article outlines the governance structure of mutual funds and the expectations on states and businesses in the UNGP, before assessing the appropriateness of applying current guidance for banks and other financial actors to mutual funds. The article concludes with practical recommendations for both fund managers and states on the implementation of the UNGP in this industry.

Item Type: Article
Uncontrolled Keywords: business and human rights, mutual funds, due diligence, home state responsibility, responsibility to respect
Subjects: H Social Sciences > HG Finance
K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 08 Dec 2017 16:41
Last Modified: 09 Apr 2018 09:15
URI: http://repository.essex.ac.uk/id/eprint/20783

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