Towards a normative framework: The UN Treaty on transnational corporations, other businesses and human1 rights

Abstract

While transnational corporations and other business enterprises have the capacity to foster economic well-being, development, technological improvement and wealth, trade and investment agreements often lead to policies and governmental measures with a negative impact on the full enjoyment of human rights. In 2014, the United Nations Human Rights Council decided to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate is to elaborate a binding instrument of international law. The paper offers a discussion of the progress achieved on the topic so far by focusing on the key challenges: the added value of a specific treaty, personal scope, material scope, the State duty to protect human rights, the corporate responsibility to respect human rights, the need for greater access to remedy for victims of business-related abuses, etc.