Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

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

Mares, Radu LU (2022) p.22-44
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... (More)
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? (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Public international law, Folkrätt
host publication
Research Handbook on Global Governance, Business and Human Rights
editor
Marx, Axel ; Van Calster, Geert ; Wouters, Jan ; Otteburn, Karl and Lica, Diana
pages
22 - 44
publisher
Edward Elgar Publishing
ISBN
978 1 78897 982 5
9781788979832
DOI
10.4337/9781788979832
language
English
LU publication?
yes
id
a3390134-b36d-4319-957a-a1ee67fd807a
date added to LUP
2022-05-12 16:23:31
date last changed
2023-05-16 10:57:11
@inbook{a3390134-b36d-4319-957a-a1ee67fd807a,
  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?}},
  author       = {{Mares, Radu}},
  booktitle    = {{Research Handbook on Global Governance, Business and Human Rights}},
  editor       = {{Marx, Axel and Van Calster, Geert and Wouters, Jan and Otteburn, Karl and Lica, Diana}},
  isbn         = {{978 1 78897 982 5}},
  keywords     = {{Public international law; Folkrätt}},
  language     = {{eng}},
  pages        = {{22--44}},
  publisher    = {{Edward Elgar Publishing}},
  title        = {{The United Nations Draft Treaty on Business and Human Rights: an analysis of its emergence, development and potential}},
  url          = {{http://dx.doi.org/10.4337/9781788979832}},
  doi          = {{10.4337/9781788979832}},
  year         = {{2022}},
}