scholarly journals Towards a New Treaty on Business and Human Rights

2015 ◽  
Vol 1 (1) ◽  
pp. 41-67 ◽  
Author(s):  
Olivier DE SCHUTTER
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Legal Assistance ◽  
Action Plans ◽  
Mutual Legal Assistance ◽  
Political Feasibility ◽  
Business And Human Rights ◽  
Adoption And Implementation ◽  
Instrument Building ◽  
Duty To Protect

AbstractThis article examines the legal as well as political feasibility of four potential options for a legally-binding international instrument in the area of business and human rights. The four options that the open-ended intergovernmental working group may wish to consider while negotiating an instrument are: (i) to clarify and strengthen the states’ duty to protect human rights, including extraterritorially; (ii) to oblige states, through a framework convention, to report on the adoption and implementation of national action plans on business and human rights; (iii) to impose direct human rights obligations on corporations and establish a new mechanism to monitor compliance with such obligations; and (iv) to impose duties of mutual legal assistance on states to ensure access to effective remedies for victims harmed by transnational operations of corporations. As these options are not mutually exclusive, the author argues that a hybrid instrument building on elements of the first and the fourth option may be the best way forward both in terms of political feasibility and improving access to effective remedies for victims.

scholarly journals National Action Plans: Current Status and Future Prospects for a New Business and Human Rights Governance Tool

2015 ◽  
Vol 1 (1) ◽  
pp. 117-126 ◽  
Author(s):  
Claire METHVEN O’BRIEN ◽  
Amol MEHRA ◽  
Sara BLACKWELL ◽  
Cathrine Bloch POULSEN-HANSEN
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Action Plans ◽  
Future Prospects ◽  
Business And Human Rights ◽  
New Business

The Role of Non-Governmental Organizations in the Business and Human Rights Treaty Negotiations

2017 ◽  
Vol 9 (2) ◽  
pp. 287-311 ◽  
Author(s):  
Nadia Bernaz ◽  
Irene Pietropaoli
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Corporate Accountability ◽  
Governmental Organizations ◽  
Business And Human Rights ◽  
Non Governmental Organizations ◽  
Treaty Negotiations ◽  
Global Movement ◽  
The Impact

AbstractIn June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first session launching the negotiations process—the culmination of a global movement of non-governmental organizations (NGOs) that over the last four decades have called for greater corporate accountability for human rights violations. The advocacy activities of the Treaty Alliance, an alliance of NGOs that supports the development of the treaty, were pivotal to the tabling of the resolution establishing the working group. These organizations now have the opportunity to engage with the negotiations process, both formally and informally, through consultations, advocacy, and lobbying. This article considers the impact NGOs may have in the drafting negotiations of the proposed treaty. It identifies several lobbying and advocacy strategies that were successful in previous international law-making processes and discusses the extent to which they could be applied to the current negotiations. It presents the benefits of an NGO coalition, of formal and informal lobbying strategies, and of the development of a common NGOs and friendly states framework. It analyses the reasons for Western states’ opposition and suggests lobbying strategies that may overcome it. Recognizing the unique subject matter of this treaty, it also focuses on lobbying corporate actors, and explores the complementarity between the Guiding Principles on Business and Human Rights and the treaty and the need for NGOs to support both. The article concludes on the necessity to compromise on essential points if a treaty is ever to emerge.

National Action Plans on Business and Human Rights: Progress or Mirage?

2019 ◽  
Vol 4 (02) ◽  
pp. 213-237 ◽  
Author(s):  
Humberto CANTÚ RIVERA
Keyword(s):  
Human Rights ◽  
Time Frame ◽  
Action Plans ◽  
Policy Coherence ◽  
Effective Protection ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Phases Of Development ◽  
Key Policy

AbstractAs of October 2018, 21 states have adopted National Action Plans on Business and Human Rights (NAPs), with several more in different phases of development. This is an important political step to raise awareness of the importance of intragovernmental policy coherence and of the need to move forward to prevent human rights abuses linked to business activity. However, despite the global intergovernmental support to such policy strategies, the actual effectiveness of NAPs needs to be called into question: do they represent progress, or are they a mirage to block possible avenues of development? Currently existing NAPs have done little (yet) to ensure more effective protection in key policy areas, including trade and investment, state-owned enterprises, and particularly in relation to legislative developments and access to remedy. This contribution seeks to analyse the merits of developing NAPs, the importance of ensuring they become only the very first step towards a more effective protection of human rights, and to question whether their importance needs to be adjusted to what they really are: policy tools with limited effects and with a politically linked time frame.

scholarly journals THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
International Standards ◽  
Action Plans ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Guiding Principles ◽  
International Legal Personality

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans

scholarly journals Konvencijas par uzņēmējdarbību un cilvēktiesībām nepieciešamība

2021 ◽  
pp. 97-103
Author(s):  
Mārtiņš Birģelis ◽  
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Transnational Corporations ◽  
Legal Framework ◽  
International Treaty ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
The Impact

The current legal framework does not properly address the impact that transna­tional corporations have on human rights. In 2014, the UN Human Rights Council established an open-ended intergovernmental working group with a mandate to elaborate an international legally binding instrument to regulate the activities of transnational corporations and other business enter­prises. Yet this decision was strongly contested. This article outlines the main arguments for desirability of an international treaty on business and human rights and provides a response to some of the most common objections raised against the development of such legally binding instrument.

scholarly journals Contours of National Action Plans on Business and Human Rights in Central and Eastern Europe

2021 ◽  
pp. 174-186
Author(s):  
Jernej Letnar Černič
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Eastern Europe ◽  
Human Dignity ◽  
Central And Eastern Europe ◽  
Action Plans ◽  
Human Rights Abuses ◽  
The Past ◽  
Business And Human Rights ◽  
Wide Range

Central and Eastern Europe has been often overseen in the debates on business and humanrights. Countries in the regions share a common history, experience and culture. Human rights andfundamental freedoms were in the past systematically and generally violated. Since democratisation,countries have suffered from a wide range of related human rights abuses. Corporations in theregions have often directly and indirectly interfered with the human rights of employees and thewider communities. Business and human rights has in the past lagged behind global developmentsalso in the light of the lack of capacity and general deficient human rights situation. This articledescribes and discusses contours of the National Action Plans on Business and Human Rights of theCzech Republic, Poland, Lithuania, Georgia, Ukraine and Slovenia by examining their strengths anddeficiencies. It argues that the field of business and human rights in Central and Eastern Europe hasmade a step forward in the last decade since the adoption of the United Nations Guiding Principleson Business and Human Rights. Nonetheless, human rights should be further translated into practiceto effectively protect human dignity of rights-holders.

scholarly journals PERUSAHAAN DAN KONSERVASI KEANEKARAGAMAN HAYATI LAUT: THE RIGHT TO TOURISM vs SUSTAINABLE TOURISM

2018 ◽  
Vol 46 (2) ◽  
pp. 125
Author(s):  
Ni Ketut Supasti Dharmawan ◽  
Made Sarjana ◽  
Putu Aras Samshitawrati
Keyword(s):  
Human Rights ◽  
Biological Diversity ◽  
Sustainable Tourism ◽  
Convention On Biological Diversity ◽  
Action Plans ◽  
Business And Human Rights ◽  
The Right ◽  
Model Action

Keanekaragam hayati laut dikembangkan sebagai salah satu produk dalam kegiatan kepariwisataan serta akses the right to tourism bagi wisatawan. Namun, pemenuhan hak tersebut jangan sampai  mengorbankan  sustainable tourism  bagi generasi mendatang, khususnya akses  lingkungan  sehat mata rantai ekosistem keanekaragaman hayati biota laut. Oleh karenanya, penting  mengkaji tanggungjawab perusahaan dalam usaha perlindungan dan konservasi. Metode penelitian hukum normatif digunakan untuk mengkaji Convention on Biological Diversity, UNWTO, UDHR, the GPs for Business and Human Rights, U.U. No. 5 Tahun 1990, U.U. No. 32 Tahun 2009, maupun U.U. No. 10 Tahun 2009. Perusahaan bersama dengan stakeholders lainnya bertanggungjawab mewujudkan perlindungan dan konservasi terhadap keanekaragaman biota laut.  Model Action Plans on Business and Human Rights relevan  untuk meningkatkan tanggung jawab perusahaan dalam perlindungan dan konservasi keanekaragaman hayati laut. 

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