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A UN Treaty on Business and Human Rights: Bridging the Gap for Corporate Responsibility

Werdelin, Fredrik LU (2016) JURM02 20162
Department of Law
Abstract
Since the 1970’s there has been several attempts within the UN at drafting a binding instrument on business and human rights. Up until today, none of the attempts at adopting binding standards have succeeded, with the only successful initiative being the United Nations Guiding Principles on Business and Human Rights – a voluntary set of guiding principles meant to further the respect for human rights among both states and businesses.

In 2013, Ecuador released a statement backed by a large group of governments that called for a binding treaty to provide remedy for victims of human rights abuses by transnational corporations and other business enterprises. In 2014 the statement was backed by a plurality of the member states of the UN... (More)
Since the 1970’s there has been several attempts within the UN at drafting a binding instrument on business and human rights. Up until today, none of the attempts at adopting binding standards have succeeded, with the only successful initiative being the United Nations Guiding Principles on Business and Human Rights – a voluntary set of guiding principles meant to further the respect for human rights among both states and businesses.

In 2013, Ecuador released a statement backed by a large group of governments that called for a binding treaty to provide remedy for victims of human rights abuses by transnational corporations and other business enterprises. In 2014 the statement was backed by a plurality of the member states of the UN Human Rights Council, which then went on to pass a resolution to establish an open-ended Intergovernmental Working Group responsible for drafting a legally binding treaty on business and human rights.

The main objective of the treaty is to fill the legal void present within international human rights law, addressing pressing issues such as corporate impunity under weak rule of law and obstacles to victim’s access to remedy. The thesis separates and identifies the main themes and issues of the treaty process and the legal void present within today’s insufficient legislation, and analyses the options for addressing the legal issues that allows corporations avoid accountability and leave victims without redress. The analysis is enhanced by a comparative perspective on the previous attempts undertaken by the UN, drawing conclusions based on the arguments presented during past negotiations. (Less)
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author
Werdelin, Fredrik LU
supervisor
organization
course
JURM02 20162
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Public International Law, International Human Rights, Business and Human Rights, UN Treaty, Binding Treaty, Corporate Responsibility
language
English
id
8897680
date added to LUP
2017-01-24 14:38:02
date last changed
2017-01-24 14:38:02
@misc{8897680,
  abstract     = {Since the 1970’s there has been several attempts within the UN at drafting a binding instrument on business and human rights. Up until today, none of the attempts at adopting binding standards have succeeded, with the only successful initiative being the United Nations Guiding Principles on Business and Human Rights – a voluntary set of guiding principles meant to further the respect for human rights among both states and businesses. 

In 2013, Ecuador released a statement backed by a large group of governments that called for a binding treaty to provide remedy for victims of human rights abuses by transnational corporations and other business enterprises. In 2014 the statement was backed by a plurality of the member states of the UN Human Rights Council, which then went on to pass a resolution to establish an open-ended Intergovernmental Working Group responsible for drafting a legally binding treaty on business and human rights. 

The main objective of the treaty is to fill the legal void present within international human rights law, addressing pressing issues such as corporate impunity under weak rule of law and obstacles to victim’s access to remedy. The thesis separates and identifies the main themes and issues of the treaty process and the legal void present within today’s insufficient legislation, and analyses the options for addressing the legal issues that allows corporations avoid accountability and leave victims without redress. The analysis is enhanced by a comparative perspective on the previous attempts undertaken by the UN, drawing conclusions based on the arguments presented during past negotiations.},
  author       = {Werdelin, Fredrik},
  keyword      = {Public International Law,International Human Rights,Business and Human Rights,UN Treaty,Binding Treaty,Corporate Responsibility},
  language     = {eng},
  note         = {Student Paper},
  title        = {A UN Treaty on Business and Human Rights: Bridging the Gap for Corporate Responsibility},
  year         = {2016},
}