Abstract
In the wake of increasing corporate disasters, there has been an urgent need to address business impacts on human rights. Yet business responsibilities for human rights are mainly voluntary and likely best termed ‘soft law’. Recently, however, several states have begun negotiations for an international binding treaty in this area suggesting a need to turn to ‘hard law’ to increase the efficacy of business and human rights (BHR) initiatives. This article argues that because soft and hard law concepts are not dichotomous, BHR governance need not become ‘hard law’ to be effective. Rather ‘hardened’ soft law instruments can be equally effective.
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