The United Nations Draft Treaty on Business and Human Rights: an analysis of its emergence, development and potential

Abstract:
The process to elaborate a legally binding instrument on Business and Human Rights started in 2014. The stated ambition animating UN process is to deliver a broad-spectrum treaty that significantly increases remediation for victims. However the treaty has polarized opinion from the very beginning. To come closer to genuine points of disagreement and possible paths forward, this chapter explains and contextualizes the treaty process by unpacking the notion of ‘governance gaps’. The analysis identifies the multiple purposes pursued through this treaty that correspond to twelve governance gaps. Furthermore, several potential models and treaty precedents are discussed to draw attention to noteworthy regulatory dynamics. Drawing on documents generated through the negotiation process – especially treaty drafts and annual reports – and related academic commentary, the chapter invites reflection on the question: will the UN be able to deliver a viable treaty meeting its stated aspirations?