Natural resource companies and their lawyers today face a rapidly evolving landscape of business and human rights obligations. As the International Bar Association (IBA) has summarized, in the human rights context "what is considered unethical and a reputation risk today may well be unlawful tomorrow."1 Understanding this moment as an opportunity, rather than a confounding impasse, requires companies and lawyers to think critically about recent legal evolutions and forward-looking trends, rather than relying on historical assumptions, and take affirmative steps in the face of uncertainty to establish protective policies based on both what is legal and what is right.
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