Within the United Nations’ Human Rights Council, a broadly interdisciplinary, dynamic, and evolving deliberation on business and human rights has been going on for some time. The deliberation concerns the potential human rights responsibilities of businesses, particularly, multinational corporations (MNCS). Implicated in these discussions are a wide variety of perspectives and disciplines including management, business, business ethics, law, human rights, and corporate social responsibility. This chapter presents a systematic, clear, and vigorous narrative of the evolving discussion of how MNCs should be legally held for non-compliance with international human rights law. It explores and discusses important issues in the developing field of business corporations, human rights, and business accountability for corporate-related human rights violations. It further considers the progress of the work of the United Nations Human Rights Council on the potential human rights responsibilities of businesses. The work of the Council on this subject began with framing a soft law instrument in 2011: the United Nations Guiding Principles on Business and Human Rights. The Council is progressively moving towards adopting a draft treaty on business and international human rights standards. The labours of the Council to get to that point, even with the unflinching international legal cooperation of States under UN auspices, illustrate the difficulties not only in institutionalising new forms of law and law-making approaches but also in establishing binding ‘hard law’ obligations for business corporations regarding human rights within the wider framework of international law.

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Business and Human Rights, and the Progress on Developing a Legally Binding Treaty

  • Carlson Anyangwe

摘要

Within the United Nations’ Human Rights Council, a broadly interdisciplinary, dynamic, and evolving deliberation on business and human rights has been going on for some time. The deliberation concerns the potential human rights responsibilities of businesses, particularly, multinational corporations (MNCS). Implicated in these discussions are a wide variety of perspectives and disciplines including management, business, business ethics, law, human rights, and corporate social responsibility. This chapter presents a systematic, clear, and vigorous narrative of the evolving discussion of how MNCs should be legally held for non-compliance with international human rights law. It explores and discusses important issues in the developing field of business corporations, human rights, and business accountability for corporate-related human rights violations. It further considers the progress of the work of the United Nations Human Rights Council on the potential human rights responsibilities of businesses. The work of the Council on this subject began with framing a soft law instrument in 2011: the United Nations Guiding Principles on Business and Human Rights. The Council is progressively moving towards adopting a draft treaty on business and international human rights standards. The labours of the Council to get to that point, even with the unflinching international legal cooperation of States under UN auspices, illustrate the difficulties not only in institutionalising new forms of law and law-making approaches but also in establishing binding ‘hard law’ obligations for business corporations regarding human rights within the wider framework of international law.