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Regulating transnational corporations at the United Nations – the negotiations of a treaty on business and human rights

Mares, Radu LU (2022) In International Journal of Human Rights 26(9). p.1522-1546
Abstract
The United Nations is the arena for a renewed push to regulate transnational corporations (TNCs) and their supply chains. This article analyses the ongoing efforts of a multilateral organization to strengthen the human rights legal framework, especially the design choices posed by the treaty negotiations as well as the role of the UN Human Rights Council in the broader regulatory ecosystem around TNCs. Is there complementarity or conflict among on-going initiatives to regulate TNCs? Is there continuity or fracture in the successive waves of UN attempts to legalize TNC responsibilities? The analytical lenses are human rights due diligence with an emphasis on root causes, which is a gateway for exploring more systemic interventions. Thus,... (More)
The United Nations is the arena for a renewed push to regulate transnational corporations (TNCs) and their supply chains. This article analyses the ongoing efforts of a multilateral organization to strengthen the human rights legal framework, especially the design choices posed by the treaty negotiations as well as the role of the UN Human Rights Council in the broader regulatory ecosystem around TNCs. Is there complementarity or conflict among on-going initiatives to regulate TNCs? Is there continuity or fracture in the successive waves of UN attempts to legalize TNC responsibilities? The analytical lenses are human rights due diligence with an emphasis on root causes, which is a gateway for exploring more systemic interventions. Thus, deeper causes of harm identifiable in global supply chains operations are identified and systematically compared to see how public and private norm-setters take them into account or downplay them. For this purpose, the article draws on treaty drafts and reports from the UN Intergovernmental Working Group and materials from four other areas: responsible business conduct, due diligence laws, the UN Guiding Principles, and the UN’s earlier efforts at TNC regulation. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Due diligence, transnational corporation, access to remedy, global governance, global supply chains, responsible business conduct, public international law, Folkrätt
in
International Journal of Human Rights
volume
26
issue
9
pages
24 pages
publisher
Routledge
external identifiers
  • scopus:85124748477
ISSN
1744-053X
DOI
10.1080/13642987.2022.2036133
language
English
LU publication?
yes
id
b86b921f-246a-4ea5-a4c6-65ab712866ac
date added to LUP
2022-03-17 09:11:31
date last changed
2023-01-16 10:17:19
@article{b86b921f-246a-4ea5-a4c6-65ab712866ac,
  abstract     = {{The United Nations is the arena for a renewed push to regulate transnational corporations (TNCs) and their supply chains. This article analyses the ongoing efforts of a multilateral organization to strengthen the human rights legal framework, especially the design choices posed by the treaty negotiations as well as the role of the UN Human Rights Council in the broader regulatory ecosystem around TNCs. Is there complementarity or conflict among on-going initiatives to regulate TNCs? Is there continuity or fracture in the successive waves of UN attempts to legalize TNC responsibilities? The analytical lenses are human rights due diligence with an emphasis on root causes, which is a gateway for exploring more systemic interventions. Thus, deeper causes of harm identifiable in global supply chains operations are identified and systematically compared to see how public and private norm-setters take them into account or downplay them. For this purpose, the article draws on treaty drafts and reports from the UN Intergovernmental Working Group and materials from four other areas: responsible business conduct, due diligence laws, the UN Guiding Principles, and the UN’s earlier efforts at TNC regulation.}},
  author       = {{Mares, Radu}},
  issn         = {{1744-053X}},
  keywords     = {{Due diligence; transnational corporation; access to remedy; global governance; global supply chains; responsible business conduct; public international law; Folkrätt}},
  language     = {{eng}},
  month        = {{02}},
  number       = {{9}},
  pages        = {{1522--1546}},
  publisher    = {{Routledge}},
  series       = {{International Journal of Human Rights}},
  title        = {{Regulating transnational corporations at the United Nations – the negotiations of a treaty on business and human rights}},
  url          = {{http://dx.doi.org/10.1080/13642987.2022.2036133}},
  doi          = {{10.1080/13642987.2022.2036133}},
  volume       = {{26}},
  year         = {{2022}},
}