This chapter posits that, even though nowadays there are good theoretical reasons for considering corporations as legitimate duty bearers under the international human rights legal system, there is a risk that the future treaty, if adopted, might not establish direct human rights obligations on corporations due to the pressure of these realism-inspired considerations. Indeed, not all States are ready to accede to a treaty which provides for such obligations, whereas it is necessary to catalyze the largest possible consensus around the negotiating text in order to avoid the possibility that a United Nations (UN) led process of negotiations on a binding treaty on business and human rights might get bogged down for the third time. There is a need, in sum, to strike a balance between the normative utopia of putting in place a binding and effective international framework of corporate accountability for breaches of human rights and the reality in which the State is still the organizing framework of international law.

A Binding Instrument on Business and Human Rights as a Source of International Obligations for Private Companies: Utopia or Reality?

Marco Fasciglione
2020

Abstract

This chapter posits that, even though nowadays there are good theoretical reasons for considering corporations as legitimate duty bearers under the international human rights legal system, there is a risk that the future treaty, if adopted, might not establish direct human rights obligations on corporations due to the pressure of these realism-inspired considerations. Indeed, not all States are ready to accede to a treaty which provides for such obligations, whereas it is necessary to catalyze the largest possible consensus around the negotiating text in order to avoid the possibility that a United Nations (UN) led process of negotiations on a binding treaty on business and human rights might get bogged down for the third time. There is a need, in sum, to strike a balance between the normative utopia of putting in place a binding and effective international framework of corporate accountability for breaches of human rights and the reality in which the State is still the organizing framework of international law.
2020
Istituto di Ricerca su Innovazione e Servizi per lo Sviluppo - IRISS
978-90-04-40117-4
Business, Human Rights Due Diligence, Guiding Principles, Binding Treaty, State duty to Protect
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Descrizione: A Binding Instrument on Business and Human Rights as a Source of International Obligations for Private Companies: Utopia or Reality?
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14243/407232
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